ONLEY TRANSP. CORP. v. STANDARD INS.


9 Misc.2d 756 (1957)

Onley Refrigerated Transportation Corp., Plaintiff, v. Standard Insurance Company of N. Y., Defendant.

Supreme Court, Special Term, New York County.

October 8, 1957.


Attorney(s) appearing for the Case

Abraham L. Siegel for plaintiff.

George I. Janow for defendant.


HENRY EPSTEIN, J.

Plaintiff moves pursuant to rule 109 for dismissal of the second, third, fourth and fifth defenses for insufficiency.

By this action plaintiff seeks, in a first cause, to recover the damage sustained by reason of defendant's refusal to defend against a cargo loss claim, and in a second cause to recover the sum paid by reason of the legal liability imposed by the judgment against the...

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