Reich v. Gross

In this assault action, Special Term has granted defendant’s motion to vacate plaintiff’s notice of examination before trial, upon the ground that examinations in such cases are not favored in this Department in the absence of a showing of special circumstances. There is no claim made of such special or unusual circumstances as would warrant the granting of the examination if it were not obtainable otherwise. Neither rule 121-a of the Rules of Civil Practice, as recently amended, nor Trial Term Rule XI of the New York County Supreme Court Rules purport to change the scope of or the right to…