Equitable Life Assurance Society v. Rocanova

—Order of the Supreme Court, New York County (Herman Cahn, J.), entered September 8, 1993, which denied defendant’s motion for a protective order enjoining the deposition of his former attorney concerning a communication between counsel and defendant’s physician, unanimously reversed, on the law, and the motion granted, without costs.

At issue in the underlying action is whether defendant’s asserted disability commenced during the contestibility period *295of the policy or thereafter. Defendant’s physician submitted a statement to plaintiff insurer indicating onset of his disability as of August…