MASS v. GREAT AM. INS. CO.


28 A.D.2d 897 (1967)

Samuel Mass, Respondent, v. Great American Insurance Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 10, 1967


Order modified to the extent of deleting the decretal paragraph denying the motion to dismiss the complaint and by substituting therefor a provision ordering an immediate trial of the issues raised on said motion pursuant to CPLR 3211 (subd. [c]). As so modified, order affirmed, with $10 costs and disbursements.

The defendants' motion was made on the ground that the action on the fire insurance policies was not timely commenced. The plaintiff's opposing papers alleged...

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