AETNA LIFE & CAS. CO. v. MICHIGAN MUT. INS. CO.


45 A.D.2d 839 (1974)

Aetna Life and Casualty Company, Appellant, v. Michigan Mutual Insurance Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 1, 1974


Plaintiff had also moved to strike out the answers of both defendants for failure to submit to pretrial examination. Order reversed, without costs, motion by the above-named defendant denied and motion by plaintiff granted to the extent of directing defendants to submit to examination before trial. The examinations shall proceed upon a written notice of not less than 10 days, to be given by plaintiff. The papers disclose the existence of material issues of fact which may...

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