Patent v. Travelers Insurance

This is a motion for an order for judgment dismissing the complaint of the plaintiff pursuant to rule 113 of the Rules of Civil Practice and section 476 of the Civil Practice Act. The motion was heretofore granted by me upon the moving papers, no one appearing in opposition, but thereafter it was stipulated between the parties that the motion should be heard again before me upon the merits and pursuant to this stipulation, argument was had before me.

The defendant urges as the principal ground on which the complaint should be dismissed and the defendant have summary judgment, first, that the…