Hegy v. William A. White & Sons

I concur in the result here reached in view of the special circumstances presented in this ease. I wish to point out, however, that the question as to whether the plaintiff or the defendant shall first be examined before trial is one which primarily rests within the sound discretion of the Special Term. The case of Dorros, Inc., v. Dorros Bros. (274. App. Div. 11) which gave to a defendant in commercial litigation a general right of examination before trial as broad in essence as that possessed by a plaintiff (and not limited to matters concerning which the defendant had the burden of proof…