Marmorato v. Allstate Insurance

Order, Supreme Court, Kings County (Melvin Barasch, J.), entered on or about February 27, 1995, which, in an action to recover under the theft provision of an automobile insurance policy, insofar as appealed from, denied defendant’s motion for summary judgment on condition that plaintiff appear at a second examination under oath and answer all the questions he refused to answer at the first examination under oath, unanimously affirmed, without costs.

While it is clear that plaintiff’s refusal, upon advice of counsel, to answer certain of the questions put to him at the examination under oath…