Majority
p. 608Louis H. Pink, Superintendent of Insurance of the State of New York, as Conservator of Assets of International Reinsurance Corporation of Dover, Delaware, Appellant, v. Coleman & Coleman, Inc., Respondent. Argued October 11, 1938; decided October 25, 1938.
p. 610The following questions were certified: “ 1. Should the motion of the plaintiff for summary judgment have been granted? “ 2. Should the defenses and setoffs contained in paragraphs marked ‘ 5 ’ to ‘ 24/ inclusive, of the amended answer have been stricken out as having been improperly interposed? “ 3. Should paragraphs ‘ 5 ’ to ‘ 24/ inclusive, of the amended answer have been stricken out as contravening the order of liquidation dated April 21, 1933?”
Irvin Waldman and Alfred C. Bennett for appellant.
Clifton F. Weidlieh for respondent.
Order affirmed, with costs, and questions certified answered in the negative. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.