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ROSEN v. COLONIAL CO-OP. INS. CO.

51 Misc.2d 805 (1966)

Irving T. Rosen, Plaintiff, v. Colonial Cooperative Insurance Company et al., Defendants.

Supreme Court, Erie County.

October 20, 1966

Attorney(s) appearing for the Case

Mintz & Birzon for plaintiff. Hodgson, Russ, Andrews, Woods & Goodyear for defendants.

MICHAEL CATALANO, J.

Plaintiff seeks judgment pursuant to CPLR 3211, dismissing defenses in the answer First through Sixth as insufficient; Third has no merit; Fourth, Fifth and Sixth do not allege details according to CPLR 3016 (subd. [b]).

"A party may move for judgment dismissing one or more defenses, on the ground that a defense is not stated or has no merit." (CPLR 3211, subd. [b].) No mention...

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