Gallup v. Dybas

Third-party plaintiff Edward Dybas makes this motion for an order directing third-party defendant Sears, Roebuck and Co. to produce its employee Francis Savage as a witness at an examination before trial pursuant to CPLR 3101 (subd. [a], par. [1]). Concededly, Francis Savage is an employee of Sears and was a passenger in Sears’, truck at the time of the automobile accident giving rise to these actions and moved the truck after the accident occurred.

Stephen Jaquay, Sears’ employee and driver of the truck, has been examined before trial by Dybas. Therefore, Sears contends that the latter is not…