Corrao v. Howard Sober, Inc.

Plaintiff has moved to examine before trial by written interrogatories a doctor in North Carolina who treated plaintiff in New York for injuries sustained here. Defendant consents to such examination but asks that the order providing therefor contain the further provision that defendant at its option and own expense may, if it chooses, cross-examine the witness orally. (See Civ. Prac. Act, § 302.)

Since presumably plaintiff knows substantially what the doctor’s testimony will be, and defendant will not know thereof until the doctor answers the questions on the direct examination, it is…