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Sheremeta v. N.Y. Ctl. Mut. Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 796 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Order of Supreme Court, Erie County, Cosgrove, J. — Discovery.

PRESENT: PINE, J. P., WISNER, HURLBUTT AND BALIO, JJ.


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improvidently exercised its discretion in granting plaintiffs' motion for a protective order ( cf., Oppenheimer v. Shubitowski, 92 A.D.2d 1021). The fact that defendant conducted an examination under oath and required the production of documents during its investigation of plaintiffs' insurance claim prior to the commencement of this action does not preclude defendant from seeking production of the same documents and an examination before trial of plaintiffs pursuant to CPLR article 31 ( see, Marcus Sons v. Federal Ins. Co., 24 A.D.2d 922; Waugh v. Firemen's Fund Ins. Co., 52 Misc.2d 141; see also, Sentry Ins. v. Shivers, 164 FRD 255).


Summaries of

Sheremeta v. N.Y. Ctl. Mut. Fire Ins. Co.

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 796 (N.Y. App. Div. 2000)
Case details for

Sheremeta v. N.Y. Ctl. Mut. Fire Ins. Co.

Case Details

Full title:DAVID T. SHEREMETA AND LORRAINE SHEREMETA, Plaintiffs-Respondents, v. NEW…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 16, 2000

Citations

269 A.D.2d 796 (N.Y. App. Div. 2000)
703 N.Y.S.2d 425