Great American Insurance v. Giardino

—Order unanimously affirmed, without costs. Memorandum: Plaintiff commenced this action against defendants for breach of an indemnity agreement. In their verified answer defendants deny the allegations of the complaint and assert, inter alia, the defense of forgery. Defendants appeal from an order compelling the discovery and directing them to provide plaintiff with samples of their handwriting for a nondestructive analysis by its handwriting expert. Defendants’ contentions that compelling production of a handwriting exemplar is an improper mode of discovery and violates the Fifth Amendment…