Levine v. Royal Indemnity Co.

Order of the Supreme Court, Nassau County, dated March 14, 1974, affirmed insofar as appealed from, without costs. The decision by Special Term dismissing the defense that the complaint is insufficient, as a matter of law, on the ground that that contention could be raised under the denials in the answer did not pass upon the sufficiency of the complaint. In affirming, we do not reach that question. Gulotta, P. J., Hopkins, Shapiro, Christ and Munder, JJ., concur.