General Accident Fire & Life Assurance Corp. v. Martino

Motion pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice, for a dismissal of the complaint on the ground that the same fails to state facts sufficient to constitute a cause of action, denied.

(A) This is an action brought pursuant to section 473 of the Civil Practice Act, for a judgment declaring that the defendant, Francesco Martino, has violated section 3 of the conditions of a certain insurance contract issued by the plaintiff to the defendant Martino, in that the defendant Martino has failed to give the plaintiff notice of an alleged accident in which he was involved ;

(B)…