CONGDON v. ONEIDA CO. GRANGE CO-OP. FIRE INS. CO.


203 Misc. 98 (1952)

Evelyn Congdon, Plaintiff, v. Oneida County Grange Co-Operative Fire Insurance Company, Defendant.

Supreme Court, Special Term, Oneida County.

June 26, 1952.


Attorney(s) appearing for the Case

Irving M. Basloe for plaintiff.

Abbott & Grow for defendant.


RINGROSE, J.

This is a motion by the plaintiff under rule 122 of the Rules of Civil Practice for an order permitting the examination before trial of the defendant for the purpose of framing a complaint.

The action was commenced by the service of a summons. It is averred in the moving affidavits that the cause of action is based upon a fire insurance policy issued by the defendant to Alex Hannus, which contained a clause providing in substance...

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