Reilly v. Insurance Co. of North America

Order entered on January 31, 1969, denying plaintiff’s motion for summary judgment and defendant’s request for summary judgment, affirmed, without costs and without disbursements, and the plaintiff is directed to serve a complaint in this action, which shall thereafter proceed in the regular manner. This determination is without prejudice to a motion for judgment under CPLR 3212 after issue is joined herein. We believe that this action to recover the sum of $1,848.17, allegedly "due under a group accident insurance policy, in view of the factual situation presented, was improperly commenced…