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Bayork Realty Corporation v. Florence Hunt and Others, and George S. Van Schaick, Superintendent of Insurance of the State of New York, as Liquidator of Hamilton Mutual Auto Casualty Corporation
Order of the County Court of Suffolk county denying motion to strike out a portion of the amended answer of the Superintendent of Insurance affirmed, with ten dollars costs and disbursements. In our opinion, rule 103 of the Rules of Civil Practice may not be invoked to challenge the sufficiency of this defense. (Stern v. Philipsborn, 169 App. Div. 781.) Hagarty, Scudder, Tompkins, Davis and Johnston, JJ., concur. [See ante, p. 544.]