Essley Shirt Co. v. Lybrand

This is a motion by defendants for an order: (1) striking out plaintiff’s amended complaint for alleged failure of plaintiff to produce for examination before trial one Emanuel Dannett, Esq., pursuant to an order of this court; or (2) in the alternative, granting an examination before trial of said person as a witness pursuant to section 288 of the Civil Practice Act, upon the ground that there exist special circumstances requiring that his testimony be taken.

Plaintiff opposes the motion upon the grounds: (1) That said Emanuel Dannett is not examinable under the order of this court relied…