Meth v. Schloss

The failure of plaintiff to specify the matters as to which an examination before trial of defendants-respondents is sought warranted a denial of the motion. (Bamberger v. Cooke, 181 App. Div. 805.) We think, however, that the denial of the application should have been without prejudice to a renewal thereof.

The objections interposed by plaintiff to the account of respondents as filed raised issues for trial before the learned referee. Plaintiff is entitled to examine as to some of the matters. Thus, plaintiff should be permitted to inquire as to the claim that in making investments in…