Opinion
November 20, 1961
In two actions, in each of which the plaintiff, as named beneficiary, seeks to recover the death benefit of a policy of insurance issued by defendant upon the life of her husband, the plaintiff appeals from the following five orders of the Supreme Court, Westchester County: (a) an order dated May 22, 1959 in each of the two actions, granting defendant's motion to change the place of trial from New York County to Westchester County, and denying plaintiff's cross motion to retain the place of trial in New York County; (b) an order dated July 11, 1961 in each of the two actions, denying plaintiff's motion to vacate defendant's notice to examine her before trial and to quash defendant's subpoena duces tecum, which had been served in connection with such notice; and (c) an order dated July 13, 1961, granting defendant's motion to consolidate the two actions. Orders affirmed, with one bill of $10 costs and disbursements. No opinion. The examination before trial of the plaintiff shall proceed on 10 days' written notice or on any other date mutually fixed by the parties. Beldock, Acting P.J., Ughetta, Kleinfeld, Pette and Brennan, JJ., concur.