Rule v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Rule v. Metropolitan Life Insurance

1 A.D.2d 1005, 151 N.Y.S.2d 733, 1956 N.Y. App. Div. LEXIS 5241

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 1956

StatusPublished

This text of 1 A.D.2d 1005 (Rule v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rule v. Metropolitan Life Insurance, 1 A.D.2d 1005, 151 N.Y.S.2d 733, 1956 N.Y. App. Div. LEXIS 5241 (N.Y. Ct. App. 1956).

Pincite

Opinion

Plaintiff now contends that she desires to examine defend[1006]*1006ant only with respect to medical examinations of the decedent during his lifetime that were made by defendant’s own doctors. Such a limited purpose is not indicated on a reading of the relevant items in the notice of examination nor from plaintiff’s papers submitted on the original motion. Since an inquiry into defendant’s medical examinations of decedent is avowedly the major objective of the proposed examination before trial, there is no point to culling out of the notice such items as may be proper. Order unanimously affirmed, with $20 costs and disbursements to the respondent, without prejudice to service of a proper notice of examination in accordance with the memorandum decision herein. Concur — Botein, J. P., Rabin, Cox, Frank and Valente, JJ.

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Plaintiff now contends that she desires to examine defend[1006]*1006ant only with respect to medical examinations of the decedent during his lifetime that were made by defendant’s own doctors. Such a limited purpose is not indicated on a reading of the relevant items in the notice of examination nor from plaintiff’s papers submitted on the original motion. Since an inquiry into defendant’s medical examinations of decedent is avowedly the major objective of the proposed examination before trial, there is no point to culling out of the notice such items as may be proper. Order unanimously affirmed, with $20 costs and disbursements to the respondent, without prejudice to service of a proper notice of examination in accordance with the memorandum decision herein. Concur — Botein, J. P., Rabin, Cox, Frank and Valente, JJ.

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Bluebook (online)

1 A.D.2d 1005, 151 N.Y.S.2d 733, 1956 N.Y. App. Div. LEXIS 5241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rule-v-metropolitan-life-insurance-nyappdiv-1956.