Besen v. C. P. L. Yacht Sales, Inc.

In an action to rescind the sale of a boat and to recover damages, defendant Pacemaker Corporation appeals from an order of the Supreme Court, Westchester County, dated April 8, 1969, which granted respondent’s motion for a pretrial examination of appellant’s president. Order reversed, on the law and the facts, with $10 costs and disbursements, and motion denied. In an examination of a corporate party it is given initially to the corporation to decide the person by whom it will be examined (Lonigro v. Baltimore & Ohio R. R. Co., 22 A D 2d 918). If the examining party concludes that the…