PHOENIX INS. CO. v. ATL. NAT'L INS. CO.


13 A.D.2d 449 (1961)

Phoenix Insurance Company, Appellant, v. Atlantic National Insurance Company et al., Respondents

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

March 2, 1961


Order, entered on March 22, 1960, denying plaintiff-appellant's motion to strike defenses contained in the amended answer pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice in an action on reinsurance agreements, reversed, on the law, with $20 costs and disbursements to the appellant and the motion granted, with $10 costs, with leave to replead solely in respect of the allegations of paragraphs 19 to 22, inclusive, denominated a second separate and distinct...

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