Breen v. Doyle

Motions numbered 19 and 24 have been considered together. In this action to recover damages for an alleged assault, mutual notices of examination before trial were served by the respective parties. In and by these motions which are now before the court, each party moves to vacate the notice of examination served by the other side.

In Siciliano v. Consolidated Edison Co. (204 Misc. 203) it was held that rule 121-a of the Rules of Civil Practice was not intended to change the rule prevailing in the First Department that a general examination before trial is not allowed in an action to recover…