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EBER BROS. WINE & LIQUOR CORP. v. FIREMEN'S INS. CO.

30 F.Supp. 412 (1939)

EBER BROS. WINE & LIQUOR CORPORATION v. FIREMEN'S INS. CO. OF NEWARK et al.

District Court, S. D. New York.

November 16, 1939.

Attorney(s) appearing for the Case

Max J. Gwertzman, of New York City, for plaintiff.

Hill, Rivkins & Middleton, of New York City (Barton P. Ferris, of New York City, of counsel), for defendants.

MANDELBAUM, District Judge.

This is a motion to strike the third and fourth defenses from the answers of both defendants as being insufficient in law.

The third defense alleges, in substance, that the action is barred by virtue of a provision in the policy of insurance that all actions on the policy must be commenced within 12 months next after the happening of the loss.

The fourth defense alleges, in substance, that the plaintiff is not the real party...

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