Bissell v.Winchell

Motion, to examine defendant Winchell before trial and for production of books and records pursuant to section 296 of the Civil Practice Act, is granted. It is the view of the court that plaintiff is entitled to the examination under the liberal provisions of rule 121-a of the Rules of Civil Practice, and this irrespective of who has the burden of proof. The opposition stresses the feature that this is an action to recover damages for libel and suggests that despite the provisions of rule 121-a, the rules against general examinations in libel actions have not been changed. The court is unable…