HERSH v. HOME INS. CO.


284 A.D. 428 (1954)

Evelyn Hersh, Respondent, v. Home Insurance Company et al., Appellants, et al., Defendants

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

June 15, 1954.


Attorney(s) appearing for the Case

Samuel A. Berger of counsel (David A. Ticktin with him on the brief; Powers Kaplan & Berger, attorneys), for appellants.

Abraham Kaufman for respondent.

PECK, P. J., DORE, COHN, BASTOW and BOTEIN, JJ., concur.


Per Curiam.

Defendant insurance companies appeal from an order of Special Term precluding them unconditionally from giving evidence as to their affirmative defenses because of their failure to furnish a bill of particulars. This is an action to recover $45,000 upon policies of fire insurance, in which defendants have interposed three affirmative defenses containing broad assertions of fraud and lack of insurable interest...

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