Koolery v. Lindemann

Plaintiff moves for an order directing that defendant Lindemann be examined by one Harry Possel, who is claimed to be one of defendant’s employees or, in the alternative, that Harry Possel be examined as a witness upon the ground that “ special circumstances ” exist. Defendant strenuously opposes the granting of this application on either of the said grounds.

Defendant claims that the party sought to be examined is not one of his employees but “ occasionally helps out ”. There is no doubt but that he would be able to shed considerable light upon what actually took place on the occasion when…