Tinplate Purchasing Corp. v. Tuteur & Co.

Each party wishes to first examine the other before trial.

There is no rule of this court with respect to priority of examinations before trial. Rule XX of the Bronx County Supreme Court and rule XI of the New York County Supreme Court, referred to by the parties, deal with this subject but those rules have no application in this court. The practice in this Department is that the party who first serves a notice of examination must be allowed priority in the examination over his adversary unless special circumstances require that the discretion of the court be exercised to direct a different…