New York Supreme Court July 6, 1937 (Duke v. Metropolitan Life Insurance)

Norton, J.

Two cross-motions, the one on the part of the plaintiff for an order striking out the answer of the defendant and for summary judgment under rule 113 of the Rules of Civil Practice; the other on the part of the defendant for summary judgment dismissing the complaint.

This action was brought to recover on a policy of life insurance issued by the defendant upon the life of Clifford E.