Talley v. Lamb

It appears from the papers submitted that what the defendant is really seeking on the present application is to examine the plaintiff prior to the service of a counterclaim in order to ascertain ivhether or not the defendant possesses a good cause of action against the plaintiff. Such an application must be denied in view of the well-settled rule that an examination before trial will not be granted, prior to issue joined, merely for the purpose of enabling the movant to determine whether or not facts exist sufficient to create a cause of action (Beikirch v. Loebs, 243 App. Div. 859). The…