In re the Estate of Zaiss

Wingate, S.

In Green v. Selznick (220 App. Div. 12), Presiding Justice Htjbbs, now of the Court of Appeals, writing for the unanimous court, said in part (at p. 14): “ Under section 288 of the Civil Practice Act a party to an action is entitled to an examination of his adversary before trial upon facts which are material and necessary to establish his cause of action or affirmative defense. Since the enactment of the Civil Practice Act the courts have repeatedly held that section 288 thereof should receive a liberal construction to the end that the involved technical practice followed under…