Appellate Division of the Supreme Court of New York, 1939

Levbarg v. Travelers Insurance

Levbarg v. Travelers Insurance
Appellate Division of the Supreme Court of New York · Decided November 13, 1939
258 A.D. 802; 16 N.Y.S.2d 103; 1939 N.Y. App. Div. LEXIS 7017
Levbarg v. Travelers Insurance

Opinion of the Court

Action to recover benefits for total and permanent disability mate»' two policies of life insurance. From an order granting the plaintiff’s motion for leave to serve a supplemental complaint, the defendant appeals. Order mo’difiecL by striking from the ordering paragraph the words “ in the place and stead of th& original amended complaint herein,” and as so modified, affirmed, without costs, with leave to defendant to answer the supplemental complaint within ten days: from the entry of the order hereon. From an order denying defendant’s motion, to strike out a portion of the supplemental complaint, the defendant appeals. Order affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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