GREAT AM. INS. CO. v. COCHRANE


16 A.D.2d 151 (1962)

Great American Insurance Company, Appellant, v. John R. Cochrane, Defendant, and Josephine Gormley, Respondent

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

April 3, 1962.


Attorney(s) appearing for the Case

Samuel Gottesman (Henry B. Roth with him on the brief), for appellant.

David G. Lubell of counsel (Bernard Sack with him on the brief; Harry H. Lipsig, attorney), for respondent.

BOTEIN, P. J., VALENTE and McNALLY, JJ., concur in Memorandum; RABIN, J., dissents in opinion in which BREITEL, J., concurs.


MEMORANDUM BY THE COURT.

Order, entered on April 3, 1961, dismissing the complaint for insufficiency pursuant to rule 106 of the Rules of Civil Practice, affirmed, on the law and the facts and in the exercise of discretion, pursuant to rule 212 and on the grounds hereinafter stated, with $20 costs and disbursements to defendant-respondent. Plaintiff insurance company sues for a declaratory judgment seeking in essence a declaration...

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