Kaufman v. Rosenbach

Plaintiff moved for an examination such examination before trial is within the discretion of the court. (Public Nat. Bank v. National City Bank, 261 N. Y. 316.) of the defendant pursuant to sections 288 and 290 of the Civil Practice Act. The defendant secured an order to show cause with stay for the purpose of vacating the notice of examination.

I have examined the law with respect to the proposed examination of the defendant by the plaintiff. The law is clear that

The case cited by the defendant (Ralph v. Schicker, 162 Misc 380) merely attempts to qualify the decisions of the appellate courts…