Mulrain v. Cohen

The plaintiffs move for an order for examination of the defendant before trial, and requiring the defendant to produce his books and other papers containing entries of the matters involved in the action, etc.

*655The objection that the plaintiffs seek to examine the defendant as to things which they already know must be overruled. (Maria v. Bower, 134 Misc. 800.)

The fact that this is an action for malpractice is not a ground for refusing or limiting an examination before trial. (Storm v. Gair, 212 App. Div. 829.)

It follows that the plaintiffs are entitled to examine the defendant as to each of the…