Bohlinger v. Rosenbaum

The complaint sets forth causes of action in fraud, negligence (not founded on personal injury or death) and conspiracy. The answers are general denials. *236The plaintiff has served notices to examine certain defendants before trial ‘ ‘ upon the following matter: That the examination will be with respect to the material allegations of fact put in issue by the pleadings The respective defendants have moved to vacate such notices.

In view of the fact that, when rule 121-a of the Rules of Civil Practice was adopted in 1952, the Appellate Divisions seemed to have concluded that Bamberger v. Cooke…