Majority
p. 918Simon Heilbrunn, Appellant, v. North British and Mercantile Insurance Company of London and Edinburgh, Respondent.
Headnote
Appeal from an order of the Appellate Term, entered in the Hew York county clerk’s office on the 23d day of October, 1913, affirming an order of the City Court granting a motion for judgment and dismissing the complaint for failure of plaintiff to reply to separate defense contained in the answer.The determination appealed from is affirmed, with ten dollars costs and disbursements, on the authority of Heilbrunn v. German Alliance Insurance Co. ( 150 App. Div. 670 ). An appeal is allowed to the Court of Appeals, the questions to be certified to be determined on settlement of the order. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Ingraham, P. J., and McLaughlin, J., dissented on the dissenting opinion in Heilbrunn v. German Alliance Insurance Co. (supra). Determination affirmed, with ten dollars costs and disbursements. Appeal allowed to Court of Appeals, the questions to be certified to be determined on settlement of order. Order to be settled on notice.