Rothstein v. DeSimone

Order directing the examination as an adverse party of defendant partnership through an employee modified on the law by striking out everything following the word “ denied ” in the first ordering paragraph. As thus modified, the order is affirmed, With ten dollars costs and disbursements to appellants, without prejudice to a renewal, upon proper papers, of the motion to examine the employee as a witness. A partnership may not be examined as an adverse party through its employee. (Roberts v. Hayden, 213 App. Div. 1.) Such an employee may be examined as a witness only on the grounds stated in…