Garfield v. Equitable Life Assurance Society

This is an appeal by defendant from an order entered July 13, 1965 which denied its motion for an order dismissing the complaint and for a protective order vacating plaintiff’s notice to examine defendant before trial by several of its officers and directors.

Plaintiff instituted the present action to recover the allowance for counsel fees and for reimbursement of expenses with respect to two actions, both unsuccessful, instituted by him as a policyholder of defendant.

The defendant (herein referred to as Equitable), a mutual life insurance company organized under New York law in 1859, acquired…