Palmieri v. Salsimo Realty Co.

This is a cross motion by defendant seeking the examination before trial of the plaintiffs, pursuant to rule 121-a of the Rules of Civil Practice, with reference to the relevant facts and circumstances in connection with the alleged accident giving rise to the present suit, including plaintiffs’ contributory negligence. The motion is opposed by the plaintiffs upon the sole ground that no affidavit is submitted by defendant in support thereof. Ordinarily I would consider this objection quite untenable (cf. Sumner v. Mathews, 200 Misc. 826). Under the provisions of rule 121-a with reference to…