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SHEREMETA v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

269 A.D.2d 796 (2000)

703 N.Y.S.2d 425

DAVID T. SHEREMETA et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

Decided February 16, 2000.

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court improvidently exercised its discretion in granting plaintiffs' motion for a protective order (cf., Oppenheimer v Shubitowski, 92 A.D.2d 1021). The fact that defendant conducted an examination under oath and required the production of documents during its investigation of plaintiffs' insurance claim prior to the commencement...

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