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SABEL v. INS. CO. OF NORTH AM.

251 A.D.2d 645 (1998)

676 N.Y.S.2d 478

Zelig Sabel, Respondent, v. Insurance Company of North America, Appellant

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

June 29, 1998

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion which was for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

Without proffering any explanation, the plaintiff sought and obtained six adjournments of his examination under oath and subsequently refused to submit to such an examination unless the defendant waived its...

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