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KAHN v. LUMBERMENS MUTUAL CASUALTY CO.

No. 66 C 224.

293 F.Supp. 985 (1968)

Irving KAHN, Plaintiff, v. LUMBERMENS MUTUAL CASUALTY CO., and Tinker National Bank, Defendants.

United States District Court E. D. New York.

December 5, 1968.

Attorney(s) appearing for the Case

Cruser & Hills, Riverhead, N. Y., for plaintiff; Edgar Hills, Riverhead, N. Y., of counsel.

Max J. Gwertzman, New York City, for defendant, Lumbermens Mutual Casualty Co.; Saul Goldstein, New York City, of counsel.

TRAVIA, District Judge.

This is a motion for summary judgment by defendant Lumbermens Mutual Casualty Co. (Lumbermens) on the grounds that suit was brought after the applicable time limitation had expired.

Plaintiff brings his claim as an assignee of the proceeds due on a binder of insurance between Lumbermens and ECCO Equipment Corp. (ECCO), the assignment being made on February 1, 1965.

For the purposes of this motion only, defendant Lumbermens concedes...

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