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RAFTER v. NEWARK INS. CO.

37 A.D.2d 825 (1971)

Robert V. Rafter, Respondent, v. Newark Insurance Company, Appellant

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

October 21, 1971

We are in accord with the dissenting opinion of Mr. Justice Quinn. The plaintiff failed to offer any factual support concerning his New York residence other than the bald conclusory statement in the complaint. The burden was on the plaintiff to meet the challenge as to his New York residence with factual allegations; he may not rely on conclusory statements contained in his pleadings, whether verified or unverified. (Indig v. Finkelstein, 23 N.Y.2d...

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