Engelhart v. Kas Carpets, Inc.

OPINION OF THE COURT

Sidney Leviss, J.

Defendant, Kas Carpets, Inc., moves pursuant to CPLR 3101 for an order directing the trustee in bankruptcy of Chatsworth Carpet & Rug Co., Inc. (hereinafter Chatsworth) to produce an officer of the bankrupt corporation for an examination before trial. The examination is opposed by the trustee on the grounds that (a) the corporation having been adjudicated bankrupt and a trustee having been appointed, said corporation has ceased to exist, (b) the trustee has no control over *70such former officers and so cannot compel their attendance even if ordered to do so,…