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THOMAS v. TRAVELERS INS.

87 Misc.2d 136 (1976)

John Thomas, Plaintiff, v. Travelers Insurance Company et al., Defendants.

Supreme Court, Cattaraugus County.

March 11, 1976

Attorney(s) appearing for the Case

Shane & Franz (David M. Franz of counsel), for Travelers Insurance Company, defendant. Brown, Maloney, Gallup, Roach & Busteed for Allstate Insurance Co., defendant. Joseph C. Dwyer for plaintiff.

JOHN J. CALLAHAN, J.

Defendant, the Travelers Insurance Company (Travelers), has moved pursuant to CPLR 3211 (subd [a]) for judgment dismissing plaintiff's complaint on the ground that it (Travelers) has a defense founded upon documentary evidence (E. B. T.) and further on the ground that the complaint fails to state a cause of action.

Plaintiff opposes his carrier's (Travelers) motion and seeks an...

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