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CERULLO v. ÆTNA CAS. & SUR. CO.

41 A.D.2d 1 (1973)

Joseph C. Cerullo, Respondent, v. Aetna Casualty and Surety Company et al., Appellants

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

February 16, 1973.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Hugh McM. Russ, Jr., of counsel), for appellants.

Offermann, Fallon, Mahoney & Adner (Francis J. Offerman, Jr., of counsel), for respondent.

DEL VECCHIO, WITMER, CARDAMONE and SIMONS, JJ., concur.

GOLDMAN, P. J.

Defendants appeal from each and every part of Special Term's order, except that part which permits appellants to serve an amended answer containing a defense of fraud and false swearing by plaintiff-respondent Joseph C. Cerullo in connection with an alleged false proof of loss. This appeal primarily concerns Special Term's denial of summary judgment and the denial of appellants' motion to amend their...

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