Harris v. Muriel Sportswear, Inc.

The examination of the plaintiff before trial was conditioned on the defendant corporation appearing here from Miami, Florida, for its examination and producing its books and records. Since defendant was brought into this action involuntarily and was a foreign corporation resident at a great distance from this city, with no officer or employee available here, the granting of the conditional examination was an improvident exercise of discretion. In the circumstances, the examination of the plaintiff should have been granted unconditionally and the examination of the defendant should have been…