KEMPER v. TRANSAMERICA INS. CO.


61 Misc.2d 7 (1969)

Sidney H. Kemper, Doing Business as J-EL Commercial Washer Parts Distributor, et al., Plaintiffs, v. Transamerica Insurance Company, Defendant.

Civil Court of the City of New York, New York County.

September 15, 1969


Attorney(s) appearing for the Case

Schulman, Abarbanel & Kroner for plaintiff. Konheim & Halpern for defendant.


MARTIN B. STECHER, J.

The defendant moves to dismiss the complaint, asserting that the plaintiff's claim exceeds the court's monetary jurisdiction.

The plaintiff, in his complaint and opposing affidavits alleges that his business premises were destroyed by fire on January 27, 1967. He presented his claim to the defendant insurance carrier, first personally and then through his attorneys. His claim was never rejected. Neither was it paid. It was...

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