Stolove v. Fidelity & Casualty Co.

Plaintiff’s motion for summary judgment (Rules Civ. Prac. rule 113) is denied; and defendant’s cross-motion for like relief is granted, and plaintiff’s complaint is dismissed upon the merits, but without costs either of the motion or of the action. My reasons are; The relevant facts are undisputed. Upon those facts, as a matter of law, when the defendant paid to the Myrtle Henion estate the total sum of $11,811.21, in full of a judgment for $11,118.04 for damages, interest and costs (recovered before the Stolove judgments) and a judgment for the costs of affirmance, $101.90, each with…