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MICH. MUT. LIAB. CO. v. PASSARETTI

55 Misc.2d 26 (1967)

Michigan Mutual Liability Company, Plaintiff, v. Anthony V. Passaretti et al., Defendants.

Supreme Court, Special Term, Albany County.

October 25, 1967

Attorney(s) appearing for the Case

Ainsworth, Sullivan, Tracy & Knauf (James E. McHenry of counsel), for plaintiff. Sneeringer & Rowley (Richard R. Rowley of counsel), for Anthony V. Passaretti, defendant.

LAWRENCE H. COOKE, J.

In this action plaintiff insurance company seeks a declaratory judgment determining whether or not it is obligated to defend Passaretti, the defendant physician, in a malpractice action instituted against him by defendants O'Hara. Passaretti served upon plaintiff's attorneys a notice to take the deposition of plaintiff upon oral examination, and plaintiff now moves "for a protective order...

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