MUT. LIFE INS. CO. OF N. Y. v. GILLESPIE


202 Misc. 559 (1951)

Mutual Life Insurance Company of New York, Plaintiff, v. George J. Gillespie, Defendant and Third-Party Plaintiff. Catholic Summer School of America, Third-Party Defendant.

Supreme Court, Special Term, New York County.

June 18, 1951.


Attorney(s) appearing for the Case

Haughton Bell and Vincent Keane for plaintiff.

Ernest A. Zema for defendant and third-party plaintiff.


McNALLY, J.

This is a motion to dismiss the first defense. Defendant, in effect, concedes that said defense is insufficient as to every cause of action other than the first. The defense is clearly insufficient as to all causes of action other than the first.

In the court's opinion, the defense is, however, good as to the first cause of action. Section 1083-b of the Civil Practice Act is express authority...

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