Graham v. Macfadden Publications, Inc.

The plaintiff, in an action to recover

damages for alleged libel, moves to examine the defendants before trial substantially in the language of the recent amendment to rule 121-a of the Rules of Civil Practice “ with respect to the material and relevant allegations of fact put in issue by the pleadings in the action ” and to require said defendants to produce certain books and papers “ for the purpose of refreshing the memory of the said parties, and for the purpose of admitting them into evidence. ’ ’

The defendants oppose this motion on the ground that no special circumstances have been…