Lapkin v. Equitable Life Assurance Society of United States

Judgment and order unanimously modified by omitting therefrom the clause striking out defendant’s answer, and by granting plaintiff's motion for partial summary judgment for the amount defendant admits to be payable with interest, and as so modified, affirmed, and the action otherwise severed on the ground that as to the balance claimed there are issues of fact which should await trial. Settle order on notice. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ. [ 181 Misc. 856 .]