MATTER OF WILLCOX v. STERN


44 Misc.2d 827 (1964)

In the Matter of R. Irving Willcox, Petitioner, v. Henry R. Stern, Jr., as Superintendent of the Insurance Department of the State of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

December 14, 1964


Attorney(s) appearing for the Case

Wasserman, Chinitz, Geffner & Green (Bernard A. Green of counsel), for petitioner. Hart, Hume & Engelman for Transamerica Insurance Company, respondent. Louis J. Lefkowitz, Attorney-General (Lester Esterman of counsel), for Henry R. Stern, Jr., as Superintendent of the Insurance Department of the State of New York, respondent.


ARTHUR MARKEWICH, J.

Respondents seek to reargue a motion to dismiss the petition, heretofore denied, on the ground that the court's prior decision overlooked a controlling principle of law. Further, it is sought to renew the earlier motion as based upon a claimed incomplete statement of facts, the complete statement being supplied on this application. The motion is granted in both respects, the prior decision...

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