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CARIELLO v. NORTHERN INS. CO.

41 Misc.2d 456 (1963)

Lee Cariello, Plaintiff, v. Northern Insurance Company of New York et al., Defendants.

Supreme Court, Special Term, Queens County.

November 13, 1963

Attorney(s) appearing for the Case

Rein, Mound & Cotton (Eugene A. Leiman of counsel), for Northern Insurance Company of New York, defendant. Friedland & Masone (James V. Masone of counsel), for plaintiff. Albert A. Beregh and Ernest E. L. Hammer for Thomas Pallante and another, defendants.

NICHOLAS M. PETTE, J.

Defendant Northern Insurance Company of New York (hereinafter referred to as "Northern") moves to dismiss the complaint on the grounds that plaintiff has no legal capacity to sue; that the court lacks jurisdiction over the subject matter of the action; that the complaint fails to state a cause of action, and that documentary evidence exists providing a defense thereto. Defendant moves pursuant to rule 3211 of the Civil Practice Law...

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