Skinner v. Klein

Order entered December 18, 1964, denying motion by plaintiff to dismiss the *434first and second affirmative defenses contained in answer of defendants Klein and Marklein Realty Corporation, unanimously reversed, on the law, with $30 costs and disbursements to plaintiff-appellant, and motion granted, without prejudice, with $10 costs. To establish the defense that the plaintiff is not the real party in interest, it must appear that, by virtue of the payment of plaintiff’s claim for damages in full by the insurer or otherwise, the plaintiff was divested of any cause of action. (See Henderson v.…