Phoenix Insurance v. Atlantic National Insurance

Order, entered on March 22, 1960, denying plaintiff-appellant’s motion to strike defenses contained in the amended answer pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice in an action on reinsurance agreements, reversed, on the law, with $20 costs and disbursements to the appellant and the motion granted, with $10 costs, with leave to replead solely in respect of the allegations of paragraphs 19 to 22, inclusive, denominated a second separate and distinct defense. The allegations of the first separate and distinct defense (paragraphs 16 to 18, inclusive) are grounded on a…