Adequate special circumstances exist to justify examination of the nonparty witness: he is plaintiff's personal physician who is said to have supplied information as to his patient's medical history appearing in his hospital record and claimed to be at variance with plaintiff's claim as to his physical condition at the time of application for defendant's insurance policy. (See CPLR 3101, subd. [a], par. [4]; United States Life Ins. Co. v. Arenstein,
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GLATZER v. MONARCH LIFE INS. CO.
40 A.D.2d 771 (1972)
Stephen G. Glatzer, Respondent-Appellant, v. Monarch Life Insurance Company, Appellant-Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 2, 1972
November 2, 1972
Appellate Division of the Supreme Court of the State of New York, First Department.
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