Weissman v. Lamela

In an action brought to foreclose a mechanic’s lien defendants move to examine the plaintiff before trial. The defendants’ answer consists of denials of the material allegations of the complaint without any affirmative defenses or counterclaims.

Plaintiff objects to the entire examination on the ground that the defendants do not have the burden of . any of the items on which examination is sought but also fail to disclose the materiality for the examination.

With these contentions I am in accord. Though in the cases of Dorros, Inc., v. Dorros Bros. (274 App. Div. 11) and Parker v. Culler…