MATTER OF B'RITH ABRAHAM v. THACHER


43 Misc.2d 129 (1964)

In the Matter of B'rith Abraham, Petitioner, v. Thomas Thacher, as Superintendent of Insurance of the State of New York, Respondent.

Supreme Court, Special Term, New York County.

March 31, 1964


Attorney(s) appearing for the Case

Joseph R. Apfel for petitioner. Louis J. Lefkowitz, Attorney-General (Ronald J. Offenkrantz of counsel), for respondent.


ABRAHAM N. GELLER, J.

This is an article 78 proceeding to vacate and annul a certain portion of a determination of the Superintendent of Insurance. A preliminary cross motion to dismiss for legal insufficiency was denied (CONLON, J.), the court noting that, assuming the facts stated in the petition to be true, it could not be dismissed if it stated "any facts upon which petitioner is entitled prima facie to the requested relief." Here the relief requested...

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