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MARGIN v. COSMOPOLITAN CAS. CO.

12 Misc.2d 1040 (1958)

Harold Margin, Plaintiff, v. Cosmopolitan Mutual Casualty Co. of New York et al., Defendants.

Supreme Court, Special Term, Kings County.

February 6, 1958.

Attorney(s) appearing for the Case

John J. O'Connor for plaintiff.

Emanuel Morgenbesser for Cosmopolitan Mutual Casualty Co. of New York, defendant.

Benjamin T. Juceam for Barbara Jahss, defendant.

JAMES S. BROWN, J.

This is an action for a declaratory judgment to compel the defendant, Cosmopolitan Mutual Insurance Company of New York, hereinafter referred to as "Cosmopolitan," to represent and defend the plaintiff in another action. The plaintiff moves for an order pursuant to rule 103 of the Rules of Civil Practice striking out the denials contained in paragraph "Fourth" of the answer and for a further...

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