Happell v. Genoese

Plaintiffs move to vacate a notice to examine before trial one Morton Bahr “ as an agent and employee of the plaintiffs and, or, as a hostile witness ”. Defendants cross-move to add the Communications Workers of America as a party to this proceeding.

The plaintiffs, in support of their motion, contend that Morton Bahr is not a party nor is he an agent or employee of a party within the meaning of section 288 of the Civil Practice Act or rule 121-a of the Buies of Civil Practice. Furthermore, if the notice seeks to examine Morton Bahr as a witness, it is deficient since it does not set forth the…