Bernikow v. Allstate Insurance

The defendant moves pursuant to CPLR 3101 (subd. [a], par. [3]) to take the oral deposition in Connecticut of a Dr. J. D. Balfour in his capacity as medical examiner who performed an autopsy on the plaintiff’s husband.

This is an action on a life insurance policy claiming accidental death. The plaintiff’s husband was found dead in the bottom of a swimming pool in Connecticut.

Since the enactment of the Civil Practice Law and Rules there has, of course, been a liberalization of pretrial disclosure. (3 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 3101.05.) In Kennelly v. St. Mary’s Hosp. (52…