MATTER OF NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO. v. GERSHOVICH


1 A.D.3d 364 (2003)

766 N.Y.S.2d 596

In the Matter of NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Respondent, v. ALINA GERSHOVICH et al., Appellants.

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

November 3, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and so much of the petition as sought to direct the appellants to provide outstanding discovery is denied.

The Supreme Court erred in directing the appellants to provide outstanding discovery. The petitioner had ample time prior to the commencement of the proceeding "within which to seek discovery of the . . . insured as provided for in the insurance policy and unjustifiably failed...

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