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THOMAS v. FED. MUT. INS. CO.

45 A.D.2d 886 (1974)

John Thomas, Appellant, v. Federal Mutual Insurance Company, Respondent

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

July 22, 1974

Order affirmed, with $20 costs and disbursements.

No opinion.

Hopkins, Acting P. J., dissents and votes to modify the order to the extent of granting plaintiff's motion to dismiss the affirmative defenses, and to affirm the order as so modified, with the following memorandum:

The affirmative defenses interposed bear no relationship to plaintiff's contract action for defendant's alleged bad faith...

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