Dikun v. New York Central Railroad

In this death action, plaintiffs seek to examine a member of the train crew before trial and also to examine the trainmaster and obtain from him copies of the statements of all crew members concerning the facts of the accident made within one month of the accident. Plaintiffs also seek the trainmaster’s report. Defendant cross-moves for a protective order and refuses to allow the crew member to testify until supplied with a copy of his statement made earlier to plaintiffs ’ attorney.

The right to examine the employee of a party is granted by CPLR 3101 (subd. [a], par. [1]). It is entirely…