Ferraro v. United States Fidelity & Guaranty Co.

Order unanimously affirmed, with costs to plaintiffs. Memorandum: Special Term did not abuse its discretion in refusing to grant an unconditional order of preclusion. Thus, plaintiffs motion for summary judgment was properly denied.

The cross motion for a protective order was properly denied since defendant failed to meet its burden of proving that the information sought by plaintiffs is privileged (see, Fonda v Nationwide Mut. Fire Ins. Co., 99 AD2d 680; Hawley v Travelers Indem. Co., 90 AD2d 684). Defendant’s affidavit opposing discovery contains conclusory and hearsay statements and fails…