Industrial Bank of Commerce v. Rubin

Now that the seventy-five years’ war for great liberality in the allowance of examinations of parties before trial has been won, the most ardent advocates of such liberality are realizing that it is not an unmixed good, and that examinations before trial are imposing an onerous and costly burden upon lawyers and litigants as well as the courts.

In an effort to reduce that burden I am going to assume from now on that the liberality now achieved has rendered obsolete the rule laid down in Bamberger v. Cooke (181 App. Div. 805), and that, generally speaking and except in some rare instances,…