Cunningham v. Brockway Fast Motor Freight, Inc.

Wolber, C. C. J.

This matter comes before me on a motion made on behalf of defendants to strike the complaint herein on an agreed state of facts. I have received a memorandum of law on behalf of the plaintiff and memoranda on behalf of the defendants. Although plaintiff was allowed by me to file a further brief no later than Tuesday, December 26th, 1939, none has been filed with me.

The agreed state of facts shows that the Auto Mutual Indemnity Company is a corporation organized under and by virtue of the insurance laws of the State of Hew York. This company had its principal place of business…