Fitzpatrick v. Honnell

There is no valid reason for a reargument of plaintiff’s motion heretofore denied for an examination before trial; and in that phase I deny the motion. In its other phase the motion is renewed now (See my memorandum of September 28, 1931, 142 Misc. 101) upon notice to one defendant and waiver of notice by the other defendant. I am of opinion and decide that under the broad and liberal provisions of section 288 of the Civil Practice Act, the plaintiff may take the testimony of “ any other party ” (and, therefore, of the defendant Cervieri), which testimony is “ material and necessary ” in the…