BIVONA v. ALLSTATE INS. CO.


39 Misc.2d 861 (1963)

Amelia Bivona, Plaintiff, v. Allstate Insurance Company, Defendant.

Supreme Court, Special Term, Erie County.

July 29, 1963


Attorney(s) appearing for the Case

Miles, Cochrane, Grosse, Rossetti & Lord (J. Cooper Lord of counsel), for defendant. Gleason, Fitzpatrick & O'Connor (Andrew Parentis of counsel), for plaintiff.


MATTHEW J. JASEN, J.

This is a motion by defendant for an order pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice to dismiss the complaint on the grounds that the plaintiff lacks capacity to sue. Defendant also moves pursuant to section 187 of the Civil Practice Act for a change of venue on the grounds of the convenience of witnesses.

The plaintiff was insured for the same risk by two separate insurance companies. In 1961 an...

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