BALKAN DEMOLITION CO., INC. v. YORKSHIRE INS. CO. OF NEW YORK


10 A.D.2d 706 (1960)

Balkan Demolition Co., Inc., Appellant, v. Yorkshire Insurance Company of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 29, 1960


Order granting defendant's motion pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act, for judgment on the pleadings dismissing the complaint for insufficiency, reversed on the law and in the exercise of discretion, and the motion denied, with costs to appellant.

The complaint was dismissed by Special Term on the ground that it failed to allege the giving of prompt notice to defendant. Even assuming an obligation on the part...

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