Hollipeter v. Stuyvesant Insurance Co.

SOMERVILLE, Presiding Judge.

The Stuyvesant Insurance Company, defendant below (hereinafter referred to as “Stuyvesant”), has appealed from a summary judgment rendered in favor of Collette F. Hollipeter and Ronald D. Hollipeter, husband and wife, plaintiffs below (hereinafter referred to as “Hollipeters”), in an action for damages for breach of contract.

Stuyvesant banks on one point for appellate relief — the doctrine of election of reme*597dies “barred” the Hollipeters from prosecuting the action for damages for breach of contract.

A rather prolix statement of pertinent facts antedating and…