Van Schaick v. American Surety Co.

243 A.D. 763

Opinion

Orders affirmed, with twenty dollars costs and disbursements. The plaintiff should apply at Special Term for leave to serve an amended complaint which should contain the facts relied upon in order to show that defendant, appellant, waived certain conditions of the policy. (See Glazer v. Home Insurance Co., 190 N. Y. 6, at p. 10.) Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.