New Island Investors v. Insurance Co. of North America

In an action, inter alia, to impress a trust upon the proceeds of a policy of fire insurance, defendant Barton appeals from an order of the Supreme Court, Nassau County, dated July 21, 1977, which denied his motion to (1) vacate plaintiffs statement of readiness, (2) have the case stricken from the Trial Calendar and (3) direct the plaintiff and the codefendants to appear for examinations before trial. Order modified by adding thereto, after the word "denied”, the following: "except that defendant’s present counsel may conduct examinations before trial of the plaintiff and the codefendants”.…