Zimmer v. Whiting-Buick, Inc.

Order affirmed, with $10 costs and disbursements. Memorandum: The motion to dismiss plaintiff’s complaint appears to have been made under subdivision 7 of rule 107 of the Rules of Civil Practice, on the ground that the claim or demand set forth in the complaint has been released. The motion papers show, at most, that only part of the claim has been released. Upon the argument of this appeal copies of a standard automobile fire and collision insurance policy similar in all terms to the policy issued to the plaintiff by the Hanover Fire Insurance Company were by stipulation handed to the court…