160 N.Y.S. 1041 | N.Y. App. Term. | 1916
In this action, based on a policy of accident insurance issued to plaintiff by defendant, plaintiff seeks to recover moneys which he claims defendant forced him to contribute toward the settlement of an action brought against him by one accidentally injured by plaintiff’s automobile.
Although the amended complaint alleges the making of the policy and performance of its conditions by the plaintiff, the policy is not made a part of the amended complaint nor is its substance pleaded. The allegation that a copy of the policy is attached to the original complaint does not make the policy a part of the amended complaint. As a result, therefore, many of the allegations as to the contents of the policy are mere conclusions of law.
The order overruling the demurrer must be reversed, with ten dollars costs and disbursements, and the demurrer sustained, with ten dollars costs, with leave to plaintiff to plead over within six days on payment of said costs.
Bijur and Shearn, JJ., concur.
Order reversed, with ten dollars costs and disbursements.