285 A.D. 887 | N.Y. App. Div. | 1955
In an action to recover for damage done to respondent’s building, stone walls, and appurtenances, by blasting operations performed by appellant while developing and building on real property adjacent to respondent’s property, and for damage caused by appellant’s alleged trespasses, the appeal is from so much of an order as denies appellant’s motion for the issuance of a commission to take the testimony of the president of an insurance company, in Connecticut, concerning reports of inspection and records and documents pertaining to the claim filed by respondent under a fire insurance policy with extended coverage for damage caused by explosion. The order directing the issuance of the commission limited the testimony to proofs of loss or statements filed by respondent with respect to her claim with the insurance company for blasting damages, not including releases and settlement papers signed by her in compromise of her claim against the insurance company. The order also provided that the parties could stipulate for the furnishing of copies by the insurance company of the proofs and statements concerning which the examination was granted, in lieu of the examination. Order, insofar as appealed from, affirmed, -with $10 costs and disbursements. Respondent settled her claim with the insurance company for a sum less than the amount sued for in this action, receiving payment and