Flemming v. Travelers Insurance

Order of the Supreme Court, Westchester County, dated October 30, 1967, modified, on the law and the facts, by striking out the provision that plaintiffs’ motion for summary judgment is granted and by substituting therefor a provision that said motion is denied. As so modified, order affirmed, with $10 costs and disbursements to appellant. The modification herein is based on our determination in Flemming v. Williams (30 A D 2d 834). Moreover, and apart therefrom, we hold that appellant raises an issue as to whether it issued the insurance policy which was attached. Notwithstanding the fact…