STORCH v. ALLSTATE INS. CO.


9 Misc.2d 293 (1957)

Edwin Storch, Appellant, v. Allstate Insurance Company, Respondent.

Supreme Court, Appellate Term, First Department.

November 14, 1957.


Attorney(s) appearing for the Case

Harold S. Kohn for appellant.

Asher Marcus for respondent.

HOFSTADTER and TILZER, JJ., concur in Per Curiam opinion: AURELIO, J., dissents in opinion.


Per Curiam.

It was error to entertain the defendant's motion for summary judgment dismissing the complaint when an inquest had already been ordered against the defendant and the defendant's default had not been opened. The granting of the motion may not be treated as an opening of the default since the plaintiff was not on notice that the defendant sought this relief nor did the defendant's motion papers show any...

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