Stuyvesant Insurance v. Matusow

Order modified on the law and in the exercise of discretion to the extent of granting plaintiff’s motion to dismiss the first affirmative defense as insufficient, and to sever and dismiss the three counterclaims pleaded in the amended answer, without prejudice to the institution of a separate action after completion of plaintiff’s suit; and otherwise affirmed, with costs to appellant. Plaintiff sued to recover the sum of $73,749.59 which it claims defendant collected as premiums on behalf of plaintiff and failed to remit on demand. The amended answer, in addition to denials, pleaded as a…