Zimet v. Commonwealth Insurance

On the ground that part of the items allowed relate to matters that were irrelevant and unnecessary, the order appealed from is unanimously modified so as to provide: (1) that items 1 and 2 be limited to identification of the policies of insurance numbered therein issued by defendant, the receipt in evidence of such policies at such examination, and proof of delivery thereof; and (2) that there be stricken out item 9 and, from item 7, the words “and defendant’s investigations incidental thereto ”, and, as so modified the order is affirmed, with $20 costs and disbursements to the appellant. The date for the examination to proceed shall he fixed in the order. Settle order on notice. Present — Peck, P. J., Dore, Breitel, Bastow and Bergan, JJ.