Wolff v. Mutual Life Insurance

In this action plaintiff moves to dismiss defendant’s counterclaim for rescission of a life insurance policy. Defendant counters with a cross-motion to consolidate the action with its earlier action as plaintiff against the plaintiff herein for rescission of the policy. To grant the main motion would seriously prejudice defendant because the action by the beneficiary, by reason of its preferential character, would be reached first, and in the absence of the rescission counterclaim would probably result in a judgment for the plaintiff. This motion must, therefore, be denied. The cross-motion…