Aetna Life & Casualty Co. v. Michigan Mutual Insurance

Appellate Division of the Supreme Court of New York

Aetna Life & Casualty Co. v. Michigan Mutual Insurance

45 A.D.2d 839, 358 N.Y.S.2d 955, 1974 N.Y. App. Div. LEXIS 4540

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1974·Published

Opinion

In an action for a declaratory judgment upon automobile insurance policies, plaintiff appeals from an order of the Supreme Court, Orange County, entered December 15, 1972, which granted a motion by defendant Michigan Mutual Insurance Company for summary judgment dismissing the complaint. Plaintiff had also moved to strike out the answers of both defendants for failure to submit to pretrial examination. Order reversed, without costs, motion by the above-named defendant denied and motion by plaintiff granted to the extent of directing defendants to submit to examination before trial. The examinations shall proceed upon a written notice of not less than 10 days, to be given by plaintiff. The papers disclose the existence of material issues of fact which may be resolved only upon trial and after plaintiff shall have had the benefit of examining defendants before trial. Hopkins, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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In an action for a declaratory judgment upon automobile insurance policies, plaintiff appeals from an order of the Supreme Court, Orange County, entered December 15, 1972, which granted a motion by defendant Michigan Mutual Insurance Company for summary judgment dismissing the complaint. Plaintiff had also moved to strike out the answers of both defendants for failure to submit to pretrial examination. Order reversed, without costs, motion by the above-named defendant denied and motion by plaintiff granted to the extent of directing defendants to submit to examination before trial. The examinations shall proceed upon a written notice of not less than 10 days, to be given by plaintiff. The papers disclose the existence of material issues of fact which may be resolved only upon trial and after plaintiff shall have had the benefit of examining defendants before trial. Hopkins, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

Aetna Life & Casualty Co. v. Michigan Mutual Insurance, 45 A.D.2d 839, 358 N.Y.S.2d 955, 1974 N.Y. App. Div. LEXIS 4540 (N.Y. Ct. App. 1974).

Pincite

45 A.D.2d 839 (Aetna Life & Casualty Co. v. Michigan Mutual Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.