Manhattan Fire & Marine Insurance v. Paul Tishman Co.

This is a motion by the plaintiff to dismiss the counterclaim of the defendant Paul Tishman Co., Inc., on the ground that as pleaded it does not on its face state facts sufficient to constitute a cause of action. The action is in equity to rescind an insurance policy issued by the plaintiff to the defendants. The policy thus sought to be abrogated is not annexed to the complaint, but for the purposes of the action instituted by plaintiff is sufficiently identified.

*453Tishman’s answer, in addition to the general denial of the allegations of the complaint, asserts by way of counterclaim that the…