Opinion
November 21, 1955.
Appeal from an order granting respondent's motion under rule 122 of the Rules of Civil Practice to examine appellant for the purpose of obtaining information upon which to draw a complaint and to direct appellant to produce certain records and papers pursuant to section 296 of the Civil Practice Act. The moving affidavit sets forth, among other things, that respondent's husband paid, and appellant accepted, a premium on a described policy of insurance; that the husband died during the period for which the premium was paid; and that appellant disclaims that a contract of insurance was entered into. Order affirmed, with $10 costs and disbursements; the examination to proceed on five days' notice. No opinion. Nolan, P.J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.