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

251 A.D. 750, 298 N.Y.S. 405, 1937 N.Y. App. Div. LEXIS 7371

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 28, 1937
• Status: Published

Opinion

In an action to recover the death benefit provided for in an .accident insurance policy, order granting plaintiff’s motion to strike out the affirmative defenses in the answer, to strike out the answer and for summary judgment, and the judgment entered thereon, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, on the authority of Hanna v. Commercial Travelers Mut. Accident Assn. of America (236 N. Y. 571). Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ., concur.