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WASHINGTON v. ST. PAUL SURPLUS LINES INS. CO.

200 A.D.2d 617 (1994)

606 N.Y.S.2d 726

John Washington et al., Respondents, v. St. Paul Surplus Lines Insurance Co., Appellant

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

January 18, 1994

Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the plaintiffs' motion which was to strike the fifth affirmative defense, and substituting therefor a provision denying that branch of the motion; as so modified the order is affirmed, without costs or disbursements.

The appellant acknowledged that it was notified of the incident which occurred on January 16, 1981...

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