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BERNIKOW v. ALLSTATE INS. CO.

78 Misc.2d 90 (1974)

Nan Bernikow, Plaintiff, v. Allstate Insurance Company, Defendant.

Civil Court of the City of New York, New York County.

May 21, 1974

Attorney(s) appearing for the Case

McCarthy & Marshall (James P. McCarthy of counsel), for defendant. Kaufman & Serota (Sanford S. Kanton of counsel), for plaintiff.

BURTON S. SHERMAN, J.

The defendant moves pursuant to CPLR 3101 (subd. [a], par. [3]) to take the oral deposition in Connecticut of a Dr. J. D. Balfour in his capacity as medical examiner who performed an autopsy on the plaintiff's husband.

This is an action on a life insurance policy claiming accidental death. The plaintiff's husband was found dead in the bottom of a swimming pool in Connecticut.

Since the enactment of the Civil Practice...

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