Opinion
November 2, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Adel and Close, JJ.
In an action to recover certain disability benefits under an accident and health insurance policy, defendant's motion for summary judgment under rule 113 of the Rules of Civil Practice, was granted. Plaintiff appeals from an order entered March 10, 1942, granting the motion for summary judgment and from the judgment entered thereon. He also appeals from an order entered April 14, 1942, denying his motion to resettle the first mentioned order. Order granting motion for summary judgment, and the judgment entered thereon, unanimously affirmed, with ten dollars costs and disbursements. No opinion. Appeal from order entered April 14, 1942, dismissed, without costs.