KATZ v. TRAVELERS INDEM. CO. OF HARTFORD, CONNECTICUT


39 A.D.2d 516 (1972)

Milton H. Katz, Individually and as Trustee under The Will of Herman Katz, Deceased, et al., Respondents, v. Travelers Indemnity Company of Hartford, Connecticut et al., Appellants

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

April 6, 1972


Reversed, on the law and on the facts, the motion denied and the judgment reinstated. Appellants shall recover of respondents $30 costs and disbursements of this appeal.

Plaintiffs have not factually demonstrated that they are entitled to the relief sought. This action was commenced by service of a summons alone in May, 1969. A complaint was served in December, 1969 and issue was joined the following month. A motion to compel answers to interrogatories was granted...

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