Bagley v. Winslow

It may be regarded as settled by the Court of Appeals that an order to examine a party to an action at the instance of his adversary is a discretionary order. Jenkins v. Putnam, 106 N. Y. 272. Without attempting to lay down any general rule when such an examination may be properly had, or to harmonize the various decisions in this State, it may be said that courts now generally require the necessity to be shown for having such an examination before the trial. Hay v. Zeiger, 50 App. Div. 462; Williams v. Folsom, 52 Hun, 68; Skinner v. Steele, 88 id. 307; Britton v. McDonald, 3 Misc. Rep. 514.…