Gelman v. Pepper

This is a motion by defendant Charles Pepper to dismiss the complaint or stay this action on the ground that plaintiff willfully failed to appear for examination before trial pursuant to notice served upon plaintiff’s attorneys.

Plaintiff’s attorneys offer to produce plaintiff but object to the use of a recording machine to record the testimony on the ground that there is no authority for the use of such a device at an examination before trial in Kings County.

In Gotthelf v. Hillcrest Lumber Co. (280 App. Div. 668), the Appellate Division, First Department, held that a recording device may be…