ALLEN v. AETNA INS. CO.


54 A.D.2d 1072 (1976)

John B. Allen, Appellant, v. Aetna Insurance Company, Respondent

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

November 5, 1976


Order and judgment unanimously affirmed, without costs.

Memorandum:

In an action to recover upon a homeowner's policy of insurance against loss by theft, plaintiff appeals from an order of Special Term denying his motion to strike certain affirmative defenses of defendant carrier, and granting defendant's cross motion for summary judgment. In August, 1972 plaintiff contracted with defendant for a homeowner's insurance policy. Thereafter, on February 15, 1973...

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