Prever v. Aetna Life Insurance

CONGER, District Judge.

Motion by plaintiffs for summary judgment. The plaintiffs have moved pursuant to Rule 113 of the Rules of Civil Practice and Section 476 of the Civil Practice Act of the State of New York. Both attorneys have stipulated in open court, however, that I may consider the motion as being made under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The defendant has counter-moved asking leave to amend its answer; which amendment I allow. Defendant has also moved for summary judgment for the relief demanded in its answer and counterclaim, i.…