GEN. ACC. ASSUR. CORP. v. SEBASTIAN


11 Misc.2d 985 (1958)

General Accident Fire & Life Assurance Corporation, Ltd., Plaintiff, v. John Sebastian et al., Defendants.

Supreme Court, Special Term, Kings County.

February 28, 1958.


Attorney(s) appearing for the Case

Martin M. Kolbrener for Dorothy J. Deutsch, defendant.

Finn & Giardino for John Sebastian, defendant.

John M. MacGregor for Albert Malver, defendant.

Multer, Nova & Seymours for plaintiff.


LOUIS L. FRIEDMAN, J.

In an action for a declaratory judgment, defendant Deutsch moves to vacate plaintiff's notice to examine her before trial on the ground that the testimony sought is not material or necessary for the plaintiff and on the further ground that said defendant has already submitted to an examination before trial covering the same material.

On December 6, 1954, defendant Deutsch, while...

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