Mendelsohn v. Equitable Life Assurance Society

This is an appeal by plaintiff, pursuant to leave granted below, from an order denying his motion to vacate and strike out the answer. The action is to recover on an insurance policy. An answer subscribed by Alexander & Green, as attorneys for defendant, was duly served and filed. It is claimed that since neither Alexander nor Green is alive, the appearance and *153answer is a nullity. Plaintiff does not seek to put the defendant in default. He asks this court to grant the motion to vacate the answer with leave to defendant to appear and answer without terms. Defendant is not heard to complain of…