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HUMPHREYS, INC. v. ZURICH INS. CO.

54 Misc.2d 659 (1967)

W. C. Humphreys, Inc., Plaintiff, v. Zurich Insurance Company et al., Defendants.

Supreme Court, Special Term, Niagara County.

July 17, 1967

Attorney(s) appearing for the Case

Tesseyman, Hartman & Zelman (F. William Tesseyman of counsel), for Federspiel & Truax Agency, Inc., defendant. Earl, De Lange & May (J. F. Henry De Lange of counsel), for plaintiff.

MATTHEW J. JASEN, J.

Defendant, Federspiel & Truax Agency, Inc., moves against plaintiff's amended complaint upon the ground that the complaint fails to state a cause of action.

The complaint sets forth four causes of action. The plaintiff concedes that only the THIRD cause of action is applicable to the movant.

This action is predicated upon a contract of insurance issued and delivered to the plaintiff on September 4, 1962, by Monroe...

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