Argento v. Beech & Bowne Building Corp.

The third-party defendant moves to examine plaintiff before trial. Plaintiff objects upon the ground that there is no issue raised between himself and the moving party.

Many cases which have permitted a third-party defendant to examine a plaintiff or a plaintiff to examine a third-party defendant have done so upon the theory that an issue had been created by the third party’s denial of plaintiff’s complaint (Anida Realty Corp. v. 6145 Realty Corp., 197 Misc. 157; Reizen v. Pardes, 197 Misc. 384; Vella v. Hinkle, N. Y. L. J., Sept. 19, 1957, p. 6, col. 3; Bizarro v. Zimkot, 283 App. Div. 816).

Li…