ALPHA AUTO BROKERS, LTD. v. CONT'L INS. CO.


214 A.D.2d 629 (1995)

625 N.Y.S.2d 931

Alpha Auto Brokers, Ltd., et al., Appellants, v. Continental Insurance Company et al., Respondents

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

April 17, 1995


Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

Contrary to the determination of the Supreme Court, we find that the defendant insurance company has not sustained its heavy burden of proving that the plaintiffs willfully refused to participate in an examination under oath and to produce certain requested documents in violation of the insurance...

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