Schneider v. Doyle

The issue presented on this appeal is whether codefendants in a personal injury tort action, in which no cross complaints have been served, may examine each other before trial, where no special circumstances are asserted. (Civ. Prac. Act, § 288; Rules Civ. Prac., rule 121-a.) The defendant administrator appeals from a Special Term order, which vacated a notice of examination served on the codefendant trustee. The plaintiff is seeking recovery against both, and neither of the defendants has served cross complaints against the other.

There is a divergence in policy in some of the departments of…