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AM. FID. FIRE INS. CO. v. DUNTON

29 Misc.2d 269 (1961)

American Fidelity Fire Insurance Company, Plaintiff, v. Laurence G. Dunton, Defendant.

Supreme Court, Special Term, New York County.

March 7, 1961

Attorney(s) appearing for the Case

Boyle, Feller & Reeves (Samuel R. Feller and Leo H. Hirsch, Jr., of counsel), for plaintiff. Adolph H. Siegel for defendant.

THOMAS A. AURELIO, J.

Plaintiff moves pursuant to rule 109 of the Rules of Civil Practice for an order striking out the first defense for insufficiency, and the defendant cross-moves for dismissal of the complaint pursuant to subdivision 4 of rule 106. Both motions present the same issue of law. Plaintiff and defendant had entered into an agency agreement, which contains the following provision: "The Company...

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