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SCHENCK v. COORDINATED COVERAGE

78 Misc.2d 599 (1974)

Benjamin R. Schenck, as Superintendent of Insurance of the State of New York, as Liquidator of Citizens Casualty Company of New York, Plaintiff, v. Coordinated Coverage Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

July 10, 1974

Attorney(s) appearing for the Case

Carb, Luria, Glassner, Cook & Kufield (Lewis Bart Stone and Fred E. Scharf of counsel), for plaintiff. Rogers & Wells (James J. Maloney and John B. Koegel of counsel), for Coordinated Coverage Corporation and others, defendants. Milton Altschul, defendant pro se. Goldstein, Shames & Hyde for Mildred Beryl and others, defendants. Abrams & Martin, P. C., for Gustave Drescher, defendant. Boyle, Feller & Hirsch for Robert J. Kennedy, defendant. Kehoe, Murnane & Garramone for W. Roger Springate, defendant. Bernard Ulano for John R. Weist, defendant. Milbert & Weiss for Bernard A. Feuerstein, defendant. Gerald Orseck for Sam Rossman, defendant.

SAMUEL J. SILVERMAN, J.

This is a motion under CPLR 3211 (subd. [a], par. 1) by plaintiff, Superintendent of Insurance, to dismiss a counterclaim on the ground that a defense thereto is founded upon documentary evidence. The "documentary evidence" consists of a copy of an order of liquidation of this court, which includes a stay against suits.

The action is by the Superintendent of Insurance as liquidator...

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