Manufacturers & Traders Trust Co. v. Commercial Casualty Insurance

The Court of Appeals in Public National Bank v. National City Bank (261 N. Y. 316) has clarified the confusion which has heretofore existed concerning the examination of a party before trial pursuant to section 288 of the Civil Practice Act. It is now settled that such examination rests in the sound discretion of the trial court; that it may be allowed irrespective of whether it is essential to the proof of the claim of the plaintiff or necessary to the establishment of an affirmative defense; that it may be allowed to a defendant who has interposed merely a general denial; that the general…