Broome v. Perlman

Plaintiff moves for an order directing the defendant to appear for examination before trial. The motion is opposed on the ground that the affidavit in support thereof is made by plaintiff’s attorney, who does not state that he is familiar with the facts of the action. No challenge is made to the materiality or necessity of the examination or to the manner in which the *874items are framed. Should the motion be denied on this technical objection, justice would require the granting of leave to renew the application. That procedure would impose upon the attorneys and the court unnecessary labor and…