Rosen v. Colonial Cooperative Insurance

28 A.D.2d 1089 Court N.Y. App. Div. Decision date 1967-10-31 English

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p. 1089

Irving T. Rosen, Appellant, v. Colonial Cooperative Insurance Company et al., Respondents.

Memorandum: We find that the complaint states a good cause of action and that the answer states valid defenses. The order should therefore be modified by striking therefrom the statement that plaintiff’s complaint is insufficient. (Appeal from order of Erie Special Term denying motion to dismiss affirmative defenses.) Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.