Steisel v. Gratzer

The court is unanimously of opinion that the order granting to plaintiff an examination before trial of defendants should be reversed, with $10 costs and disbursements to the appellants and the motion denied, without prejudice to renewal on proper papers with respect to relevent items. In drawing his present notice of motion, plaintiff appears to have been more concerned with embarrassing the defendants than in enabling himself to prepare for trial.

A previous motion,'made before the answer was served, to dismiss the complaint under rule 106 on the ground that the complaint did not state facts…