Travelers Insurance v. Mulligan

Defendant moves to compel plaintiff to accept an unverified answer, although the complaint was verified. The complaint charges fraud. Plaintiff claims that under the circumstances disclosed in the complaint defendant is not excused from verifying his answer. (Civ. Prac. Act, § 250.) Defendant, however, insists that he should not be required to verify his answer because of section 248 of the Civil Practice Act, which provides: “ The verification may be omitted, in a case where it is not otherwise specially prescribed by law, where the party pleading would be privileged from testifying as a…