Ettinger v. Commercial Travelers Mutual Accident Ass'n of America , 34 N.Y.S.2d 532 ( 1942 )

In an action to recover accidental death and total disability benefits under a contract of insurance, order denying plaintiffs’ motion, pursuant to rule 109 of the Rules of Civil Practice, to strike out as insufficient in law the defense contained in paragraphs “ Fifth ” and “ Sixth ” of the answer affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.