Rock v. Fidelity & Casualty Co.

In a contract action to recover the face amount of an “All Common Carrier Passenger Accident” insurance policy issued by defendant to plaintiff’s intestate, plaintiff appeals from an order of the Supreme Court, Kings County, dated September 6, 1961, which granted the defendant’s motion for summary judgment dismissing the complaint and which denied his (plaintiff’s) cross motion for summary judgment for the sum demanded in the complaint, pursuant to rule 113 of the Rules of Civil Practice. Order modified by striking out the first ordering paragraph granting defendant’s motion for summary…