King v. Commercial Insurance

Staley, Jr., J.

Appeal from an order of Special Term granting defendant’s motion to dismiss the complaint on the ground that, -the complaint does not state facts sufficient to constitute a eause of action. .The plaintiff King was, a defendant in an automobile negligence *621action brought by one Ralph Greenhalgh. The defendant, Commercial Insurance Company of Newark, was King’s liability insurance carrier and, as such, provided for King’s defense of the action. During the course of trial, King’s attorney applied to the court for permission to withdraw, on the ground that King failed to fully…