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BANKERS CONSECO LIFE INS. CO. v. WILMINGTON TRUST, N.A.

Index No. 652057/19. Appeal No. 17650. Case No. 2022-03685.

215 A.D.3d 414 (2023)

185 N.Y.S.3d 673

2023 NY Slip Op 01835

Bankers Conseco Life Insurance Company et al., Respondents, v. Wilmington Trust, National Association, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 6, 2023.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo ( William A. Ciszewski , of counsel), for appellant.

Sills Cummis & Gross P.C., New York ( Richard H. Epstein , of counsel), for respondents.

Concur— Manzanet-Daniels, J.P., Kern, González, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York (Andrew Borrok, J.), entered on or about July 8, 2022, which, insofar as appealed from, denied defendant's motion to compel production of documents and serve a second set of interrogatories, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying defendant's motion to compel documents withheld by plaintiff Washington National Insurance Company in...

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