Schifter v. Commercial Travelers Mutual Accident Ass'n of America

Motion by the plaintiff for summary judgment as prayed for in the complaint upon the ground that there is no defense to the action.

The defendant, in opposition, does not indicate the existence of triable issues of fact and contends that its answer was interposed in good faith and not for delay and that the plaintiff’s motion should be denied and summary judgment granted, dismissing the complaint. The sole issue to be determined by the court, therefore, is one of law.

The defendant is a" membership corporation, doing business under article IX-B of the Insurance Law. "On or about February 18,…