FRANK v. NEW YORK CAS. CO.


2 A.D.2d 835 (1956)

Maurice Frank, Respondent, v. New York Casualty Company, Appellant, et al., Defendant

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

October 2, 1956


Per Curiam.

The order of the court below denying a motion to dismiss the complaint for failure to state a cause of action is reversed, and the complaint dismissed with leave to replead.

Initially it may be pointed out that the complaint fails to allege the date of the renewal of the policy, the payment of the requisite premiums, the jurisdiction in which the alleged agreement was made and where the policy was delivered. These items should be pleaded...

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