Robbins v. Travelers Insurance Co.

Full title: LOUIS ROBBINS, Respondent, v. THE TRAVELERS INSURANCE COMPANY, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 8, 1934

241 App. Div. 350 (N.Y. App. Div. 1934)

272 N.Y.S. 551

Opinion

June 8, 1934.

Appeal from Supreme Court of New York County.

William J. Moran of counsel [ William B. Crowell with him on the brief; William J. Moran, attorney], for the appellant.

Louis B. Davidson of counsel [ Davidson Davidson, attorneys], for the respondent.

Present — FINCH, P.J., MERRELL, TOWNLEY, GLENNON and UNTERMYER, JJ.

PER CURIAM.

The complaint states a cause of action, at least for the amount of the disability benefits which had accrued and were unpaid at the time of the institution of the action. The order denying the defendant's motion to dismiss the complaint and to vacate the attachment must, therefore, be affirmed, without consideration of the right of the plaintiff to recover the total value of the policy on the theory of anticipatory breach.

The order should be affirmed, with twenty dollars costs and disbursements, without prejudice to a motion by the defendant to reduce the amount of the attachment.

PER CURIAM.

Order affirmed, with twenty dollars costs and disbursements, without prejudice to a motion by the defendant to reduce the amount of the attachment.