Goodman v. Stein

' Martin, P. J.

(dissenting). The attitude of this court on the subject of examinations before trial in tort actions and the reason for the rule are clearly expressed in Shaw v. Samley Realty Co., Inc. (201 App. Div. 433). The wisdom of that decision has many times been demonstrated.

The right to examine an adverse party before trial is the result of legislation enacted to relieve litigants of the handicap at common law under which a party was not a competent witness in an action. (Lotz v. Standard Vulcanite Pan Co., 102 Misc. 68.) The statute limits the scope of the examination to testimony…