Robbins v. Travelers Insurance

Motion for reargument granted and on reargument decision herein of July 3, 1934, is reconsidered and modified as follows: The decision of the Appellate Division (241 App. Div. 350), affirming the order of Mr. Justice Valente (151 Misc. 151), was expressly made “ without prejudice ” to a motion by defendant to reduce the amount of the attachment and also without consideration of the right of plaintiff to recover the total value of the policy on the theory of anticipatory breach. The holding that the decision was without prejudice to a motion to reduce enables this court to go into the matter…