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FERRAINOLO v. PRUDENTIAL INS. CO. OF AM.

12 A.D.2d 720 (1960)

Dorothy Ferrainolo, Respondent, v. Prudential Insurance Company of America, Appellant

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

December 1, 1960

Order unanimously modified by striking therefrom the third ordering paragraph and as modified affirmed, with $25 costs and disbursements to the plaintiff-respondent.

Memorandum:

In our opinion it was error to permit the plaintiff to serve a reply to the affirmative defense set forth in the answer. (See Hardecker v. Klem, 249 App. Div. 736; Taubenfeld v. Taubenfeld, 197 Misc. 1072

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