Byrnes v. Ladew

As the defendants move, upon plaintiff’s own papers, to vacate the order for their examination before trial, the application, although on notice^ is properly heard at Part II of the Special Term. Code, § 772, last clause; Sturz v. Fischer, herewith decided.

The complaint exhibits a cause of action against defendants for injury from a defective elevator.

Upon allegations, in an affidavit, that the plaintiff is unahle to “ ascertain ” whether the defendants, or somebody else, are responsible for his injury — in other words, whether he has a cause of action against them. — he proposes to examine…