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SHONTELL v. GLENS FALLS INS. CO.

282 A.D. 965 (1953)

Henry J. Shontell, Appellant, v. Glens Falls Insurance Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 30, 1953.

As so modified, the order is affirmed, without costs.

The complaint is not insufficient for failure to allege tender of the payment received by appellant. (Civ. Prac. Act, § 112-g; Farrington v. Harlem Sav. Bank, 280 N.Y. 1; Kley v. Healy, 127 N.Y. 555.) If appellant gave a statement to defendant Brogan, under the circumstances alleged in the affidavit of his attorney in support of the motion, a further...

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