Saper v. National Bank of Far Rockaway

In our opinion the plaintiff, under the present liberal practice, was entitled upon his showing in this record to all the relief which plaintiff requested, including (a) an examination of the defendant before trial on all the items included in his notice of motion and (b) a discovery and inspection of the defendant’s books, papers and documents as in the same notice specified. The learned Special Term erred (1) in limiting the examination before trial as to items 1 to 10 inclusive by confining it to the period after July 3, 1936 (U. S. Code, tit. 11, § 29, subd. [e]; cf. Devoy v. Superior *942Fire…