Lichtenstadter v. Asia Institute

Plaintiff served notice to examine defendant as an adverse party before trial by one Pope. Defendant moves to vacate the notice on the ground that Pope is not an officer, director, agent or employee of defendant.

The papers are voluminous on the issue of whether Pope has been and still is an agent of the defendant corporation. As I view the problem it is not now necessary to resolve that issue. A corporation to be examined as an adverse party may produce those representatives having knowledge of the facts under inquiry (New York Tel. Co. v. City of New York, 248 App. Div. 474). The choice of…