Heilbrunn v. German Alliance Insurance — 206 N.Y. 683

Majority

p. 683

Simon Heilbrunn, Appellant, v. German Alliance Insurance Company of New York, Respondent.

(Subiuitted October 2, 1912;

decided October 22, 1912.)

Headnote

Heilbrunn v. German Alliance Ins. Co., 150 App. Div. 670 , appeal dismissed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart

p. 684

ment, entered May 31, 1912, which affirmed an order of Special Term overruling a demurrer to the answer and denying a motion for judgment on the pleadings in an action to recover under a mortgagee clause in a policy of fire insurance.

Jacob B. Schiff for appellant.

Leo Levy for respondent.

Appeal dismissed, with costs, upon the ground that no question for determination has been certified to this court as required by subdivision 2 of section 190 of the Code of Civil Procedure; no opinion.

Concur: Cullen, Oh. J., Haight, Vann, Willard Bartlett, Hisgock, Chase and Collin, JJ.