Mulvihill v. Mutual Benefit Life Insurance

Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred in denying defendant’s motion to examine certain non-party witnesses pursuant to CPLR 3101 (a) (4) on issues raised by defendant’s answer to plaintiffs suit as beneficiary to recover the proceeds under a group insurance policy covering his brother’s life. Defendant makes an adequate showing that it is necessary in preparing for trial that it examine decedent’s four office employees and decedent’s mother concerning decedent’s state of mental and…