Banks, J.
This is an action brought in the Malden Division of the District Court Department to recover damages allegedly sustained as a result of the defendant-insurer's denial of the plaintiff-insured's claim of loss.
The case is before this Division on entirely procedural considerations, no trial having taken place. At an early stage of the proceedings (prior to the filing of an answer), a motion to dismiss was filed and marked for hearing. Upon the nonappearance...
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