RUSHER FORD SALES v. GLENS FALLS INS. CO.


32 Misc.2d 468 (1962)

Rusher Ford Sales, Inc., Plaintiff, v. Glens Falls Insurance Company, Defendant.

Supreme Court, Special Term, Erie County.

January 19, 1962


Attorney(s) appearing for the Case

Hodgson, Huss, Andrews, Woods & Goodyear for defendant. Roll, Schuller & James for plaintiff.


MICHAEL CATALANO, J.

This is a motion for an order, striking out of the amended complaint, as sham, so much as relates to Glens Falls Insurance policy No. 10668, renewal No. 10556 in paragraphs Third, Fifth, Sixth through Eighteenth.

On October 28, 1960, an explosion and loss occurred at plaintiff's premises on Broadway, Village of Alden, New York.

On May 31, 1961, a summons only was served upon defendants. Thereafter defendant served...

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