Olian v. Random House, Inc.

This is a motion by plaintiff to examine one of the defendants before trial. The action is for libel. Prior to 1952, examinations in libel actions were not favored (Welling v. Kugel, 215 App. Div. 770). In that year rule 121-a of the Rules of Civil Practice was promulgated and provided for such examination “ in any action ”. This language was taken to mean that the exception to examination in defamation cases was no longer to be recognized (Bissell v. Winchell, 205 Misc. 877; Tweed v. New York World-Telegram Corp., N. Y. L. J., June 24, 1953, p. 2111, col. 3). Then on March 10, 1954, the…