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Heilbrunn v. North British & Mercantile Ins. Co. of London & Edinburgh

146 N.Y.S. 1094 Court N.Y. App. Div. Decision date 1914-02-20 English

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p. 1094
HEILBRUNN v. NORTH BRITISH & MERCANTILE INS. CO. OF LONDON & EDINBURGH.
(Supreme Court, Appellate Division, First Department.
February 20, 1914.)

Headnote

Appeal from Appellate Term, First Department. Action by Simon Heilbrunn against the North British & Mercantile Insurance Company of London & Edinburgh. From a determination affirming an order of the City Court granting a motion for judgment, and dismissing the complaint for failure of plaintiff to reply to separate defense contained in the answer, plaintiff appeals. Determination affirmed, and appeal allowed to the Court of Appeals; the questions to be certified to be determined on settlement of order.
Jacob R. Schiff, of New York City, for appellant.
Leo Levy, of New York City, for respondent.

The determination appealed from is affirmed, with $10 costs and disbursements, on the authority of Heilbrunn v. German Alliance Insurance Co., 150 App. Div. 670 , 135 N. Y. Supp. 769 . An appeal is allowed to the Court of Appeals; the questions to be certified to be-determined on settlement of the order.

INGRAHAM, P. J., and McLAUGHLIN, J., dissent, on the dissenting- opinion in Heilbrunn v. German Alliance Ins. Co., supra.