Samols v. Mayer

This motion to vacate a notice for the examination of the defendants before trial will be denied. The action is stated in two counts and seeks to-charge the defendants with negligence in supplying the plaintiff with poisonous drugs used in compounding a prescription of his physician instead of the harmless medicaments as directed. Counsel for the defendants relies on the general rule laid down in Shaw v. Samley Realty Co., Inc., 201 App. Div. 433, and in the cases therein cited, that ordinarily the court will not allow a general examination of a defendant in an action for negligence except…