Harding Park Owners, Inc. v. Young

Motion to vacate a notice for examination before trial of defendants is denied. Section 288 of the Civil Practice Act provides for any party to take a deposition “ of any other party which is material and necessary ”. There is no authority for the proposition that the plaintiff may not examine before trial all codefendants if their testimony is material and necessary. Insofar as the specific objections to individual items of the notice are concerned, these are denied. By a recent decision of this court the plaintiff was ordered to serve a bill of particulars now and permitted to serve a…