Lou Nierenberg Corp. v. Connecticut Fire Insurance

Resettled order, entered on October 7, 1960, denying defendants’ motion to vacate plaintiffs’ notice of examination before trial, affirmed on the law and on the facts, with $20 costs and disbursements to the respondents. This action was brought upon an insurance policy to recover for damages to plaintiffs’ property by reason of sprinkler leakage. The answer alleges three affirmative defenses: (1) the leakage was caused or procured by plaintiffs with intent to defraud the defendants; (2) the plaintiffs willfully concealed, misrepresented and swore falsely upon an examination under oath, by…