AXA Equit. Life Ins. Co. v Kalina
2012 NY Slip Op 08930 [101 AD3d 1657]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


AXA Equitable Life Insurance Company et al., Respondents, v Richard Kalina et al., Appellants. (Appeal No. 3.)

—[*1] Paduano & Weintraub, New York City (Leonard Weintraub of counsel), for defendants-appellants.

Hancock Estabrook, LLP, Syracuse (John T. McCann of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered April 6, 2012. The order, among other things, denied the motion of defendants for a protective order, granted the cross motion of plaintiffs to compel discovery and stayed the pending arbitration.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied and the stay is vacated.

Same memorandum as in AXA Equit. Life Ins. Co. v Kalina (101 AD3d 1655 [2012]). Present—Scudder, P.J., Centra, Valentino, Whalen and Martoche, JJ.