Purvin v. Grey

Motion to strike out defenses is granted. The plea of res judicata interposed by the first defense should be stricken for the reasons set forth in companion motion decided contemporaneously herewith (185 Misc. 654). The defénses of Statute of Limitations are not valid. There are no decisions in this State construing former section 55-a of the Insurance Law (now subdivision 4 of section 166) with respect to the Statute of Limitations; that section is practically the same as in the Massachusetts statute. In Massachusetts it was *654held that a cause of action to recover premiums- paid- by an…