Rudolph v. Federal Insurance

In an action, inter alia, to recover the proceeds of a policy of insurance, the defen*725dant appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Nassau County (McCarty, J.), entered June 30, 1998, as granted that branch of its motion to dismiss the first cause of action only to the extent of dismissing that cause of action unless the plaintiff Barbara Rudolph submitted to an examination under oath within 45 days, and (2) an order of the same court, dated October 22, 1998, as, upon reargument, adhered to its original determination.

Ordered that the appeal from the…