Weinstein v. Berry

Cohn and Van Voorhis, JJ.

(dissenting in part). We dissent from the reversal of the order granting plaintiff’s motion to examine before trial defendant’s witnesses Frant, Simon, Jr., and Messing, except that we concur with the majority of the court in excluding from the examination the subject matter of paragraph 14 of plaintiff’s order to show cause.

The only reason for preventing plaintiff from examining these persons appears to be that they are witnesses rather than parties to the action. Each of them *810was active in transactions out of which the cause of action or defense arose, their…