MIETUS v. PRUDENTIAL INS. CO.


9 Misc.2d 118 (1957)

Marie Mietus, Individually and as Administratrix of The Estate of Raymond Mietus, Plaintiff, v. Prudential Insurance Company of America, Defendant.

Supreme Court, Special Term, Erie County.

December 24, 1957.


Attorney(s) appearing for the Case

Lowell Grosse for defendant.

Meldon B. Jones, Jr., for plaintiff


REGIS O'BRIEN, J.

Motion under subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss complaint on the ground that it does not state facts sufficient to constitute a cause of action.

Briefly stated, the complaint alleges that one Raymond Mietus, on January 28, 1957, furnished one Donald Shapiro, an agent of the defendant, certain particulars regarding his physical history and other information...

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