STICH v. EQUITABLE LIFE ASSUR. SOC. OF U. S.


207 Misc. 658 (1955)

Charles Stich, Plaintiff, v. Equitable Life Assurance Society of the United States, Defendant.

City Court of the City of New York, Special Term, New York County.

April 15, 1955.


Attorney(s) appearing for the Case

Leo D. Fitzgerald for defendant.

Gustave B. Garfield for plaintiff.


BAER, J.

This is a motion under rule 106 of the Rules of Civil Practice to dismiss the complaint upon the ground that the court has not jurisdiction of the subject matter of the action.

The movant contends that although the complaint reads in contract and breach thereof, it is in fact a demand for specific performance to compel defendant to make a policy loan.

The facts, insofar as they affect...

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