Marie Dorros, Inc. v. Dorros Bros.

This appeal raises the question of whether the party who does not have the burden of proof should be allowed to examine his adversary before trial. While there has been no absolute rule against such examination (Public National Bank v. National City Bank, 261 N. Y. 316), there has been a general practice by decisions limiting the privilege of examining to the party having the burden of proof. That limitation and the entire subject of examinations before trial have been widely discussed in bar groups and judicial circles in recent years, especially since the adoption of the Federal rules…