The only issue raised on this appeal is whether Special Term, in an order issued without opinion, properly denied defendant's motion for summary judgment. Defendant argues that the actions of the decedent, Alleine Salvato, evidenced a deliberate refusal to participate in an examination under oath in New York State. We disagree. There should be an affirmance. Defendant has failed to meet its burden of showing that decedent's failure to participate in an examination under oath...
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