PONTICELLO v. PRUDENTIAL INS. CO.


281 A.D. 549 (1953)

Joseph W. Ponticello, Respondent, v. Prudential Insurance Company of America, Appellant

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

April 29, 1953.


Attorney(s) appearing for the Case

Arthur V. D. Chamberlain and Paul Muscarella for respondent.

Dallas C. Newton for appellant.

All concur: Present — TAYLOR, P. J., VAUGHAN, KIMBALL, PIPER and WHEELER, JJ.


KIMBALL, J.

The defendant appeals from a resettled order which granted the plaintiff's motion to serve an amended and supplemental complaint in an action upon a disability insurance policy. The proposed amendment to the complaint sets forth a judgment in a former action on the policy and alleges that certain facts and issues in the present action have been adjudicated in the former action and that the defendant...

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