Beha v. Berger

The above case together with thirty-eight others have been divided into four groups and each group has been tried separately. The object of these actions is to recover from policyholders of the National Automobile Mutual Casualty Company, now in liquidation, assessments made by the liquidator, pursuant to the Insurance Law.

At the opening of the trials, motions were made by the defend*236ants to dismiss all the complaints on the ground that they did not state facts sufficient to constitute a cause of action. These motions were properly made at the trials. (Klippel v. Weil, 204 App. Div. 323.)

The…