Nussdorf v. Howell

This is a motion by plaintiff in Action No. 2 to examine the plaintiffs in Action No. 1. In a joint trial ordered previously by the court, the moving party is not a coplaintiff with the afore-mentioned plaintiffs nor is there any connection between them in this action other than that the actions are to be jointly -tried.

*802CPLR 3101 (subd. [a], par. [4]) permits the examination of ‘ ‘ any person where the court on motion determines that there are adequate special circumstances.” Under the cases and rulings made in regard to this question, it would appear .that -a party to an action may examine…