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BACCHI v. CONT'L CAS. CO.

53 Misc.2d 796 (1967)

Rosario J. Bacchi, Plaintiff, v. Continental Casualty Company, Defendant.

Supreme Court, Special Term, New York County.

January 12, 1967

Attorney(s) appearing for the Case

Lawrence Anderson for plaintiff.

McCormick, Dunne & Foley for defendant.

MITCHELL D. SCHWEITZER, J.

This is a motion by plaintiff to strike out the affirmative defense.

The action is on a policy of disability insurance upon which payment has been refused. Plaintiff is an insured under a policy of group insurance issued to the American Medical Association by defendant.

In its answer defendant alleges affirmatively that plaintiff made untruthful representations as to his health in the written

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