Reich v. Bankers Life & Casualty Co.

OPINION OF THE COURT

Myriam J. Altman, J.

Plaintiffs in two separate actions move by single motion for summary judgment. Defendants cross-move to reschedule the depositions of two nonparty witnesses.

Plaintiffs1 are the trustees of two trusts created by Dr. Sylvan Sacolick (Sacolick). They seek the proceeds of two life insurance policies issued by defendants on the life of Sacolick.

*936The threshold issue raised by defendants is whether Sacolick is actually dead. Defendants speculate that he is living abroad to evade arrest on an indictment which they allege was returned against him. Plaintiffs,…