GLICKMAN v. HOME TIT. GUAR. CO.


8 Misc.2d 303 (1957)

Marjorie Glickman, Plaintiff, v. Home Title Guaranty Company, Defendant.

Supreme Court, Westchester County.

September 16, 1957.


Attorney(s) appearing for the Case

Joseph R. Zibelli for plaintiff.

Hurley, Kearney & Lane for defendant.


GEORGE M. FANELLI, J.

This is a motion by plaintiff to strike out an affirmative defense pleaded in defendant's answer, because of legal insufficiency (Rules Civ. Prac., rule 109).

The action is based upon a policy of title insurance issued by defendant to plaintiff and poses the interesting question concerning the nature and purpose of such title insurance. The complaint alleges in substance that at the time plaintiff acquired

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