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MANNO v. MUT. HEALTH & ACC. ASSN.

18 Misc.2d 80 (1959)

Dominick Manno, Plaintiff, v. Mutual Benefit Health and Accident Association et al., Defendants.

Supreme Court, Special Term, Queens County.

May 20, 1959.

Attorney(s) appearing for the Case

Watters & Donovan (Thomas A. Hartnett and Richard J. Barnes of counsel), for defendants.

Alfred Jonas, Jr., for plaintiff.

J. IRWIN SHAPIRO, J.

The defendants move to dismiss the amended complaint for legal insufficiency, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice.

In the nine causes of action set forth in the amended complaint, the plaintiff seeks to rescind, on the ground of alleged duress, settlement agreements which he entered into with the defendants and to set aside a surrender of three policies of accident and health insurance and...

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