Thayer v. Schley

The papers upon which the order for the defendants’ examination before trial is based are in conformity with the requirements of the Code and rule 82. The defendants do not properly state the rule .applicable to these examinations. Where the deposition of an adverse party is material and necessary the right thereto is absolute in the absence of bad faith. Goldmark v. United States Electro-Galvanizing Co., 111 App. Div. 526. On such applications there can be no question of laches, as by the amendments to section 870 of the Code an examination may be had even during the trial. The motion to…