Burrows v. Magnetic Analysis Corp.

The plaintiff is entitled to an examination before trial. The court properly limited the examination to matters in issue and refused an examination with reference to matters admitted by the answer. The order allowed an examination of the records, but erroneously limited it for the purpose of refreshing the recollection of the witnesses. (Zeltner v. Fidelity & Deposit Co. of Maryland, 220 App. Div. 21.)

Because of the special circumstances shown in this case, the plaintiff is entitled to an examination of the Federated Engineers Development Corporation by John Hoffhine. (Chittenden v. San…