Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum:
Special Term erred in denying defendant's motion to examine certain non-party witnesses pursuant to CPLR 3101 (a) (4) on issues raised by defendant's answer to plaintiff's suit as beneficiary to recover the proceeds under a group insurance policy covering his brother's life. Defendant makes an adequate showing that it is necessary in preparing...
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