Ettinger v. Commercial Travelers Mutual Accident Ass'n of America

264 A.D. 724, 34 N.Y.S.2d 532, 1942 N.Y. App. Div. LEXIS 4376

Opinion

In an action to recover accidental death and total disability benefits under a contract of insurance, order denying plaintiffs’ motion, pursuant to rule 109 of the Rules of Civil Practice, to strike out as insufficient in law the defense contained in paragraphs “ Fifth ” and “ Sixth ” of the answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.