Peterman v. Schpelman

In a negligence action, order denying motion of plaintiff for examination of defendant for the purpose of identifying one or more other proper defendants, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs, the examination to proceed on five days’ notice. Assuming that the pertinent provisions of the Code of Civil Procedure (§ 870 et seq.) precluded examination before commencement of the action for a purpose other than perpetuating testimony (contra Matter of Weil, 25 App. Div. 173), present section 295 of the Civil Practice Act…