Commissioner of Welfare v. Soto

This is a motion, made by the defendant in a disputed paternity proceeding, to examine the complainant before trial, with respect to certain items set forth in his notice of motion.

Applications for examinations before trial should be viewed with liberality to prevent surprise at a trial and to make the trial more efficient. (42 West 15th St. Corp. v. Friedman, 208 Misc. 123.)

Examination before trial in litigation today is accepted almost as a matter of course (Marie Dorros, Inc. v. Dorros Bros., 274: App. Div. 11).

Accordingly, the basic issue to be determined here, is whether the Civil…