Wallach v. Northeast Airlines Inc.

Motion by one of the defendants to vacate or modify plaintiff’s notice of examination before trial.

The action is in negligence as a result of injuries received by plaintiff while a passenger on an airline owned by the defendant Northeast Airlines, Inc., and operated by the individual defendant. The motion seeks to examine the defendant airline through its named employee, the pilot on the airplane involved in the accident, who is also a defendant in the action but who has not been served with the summons or the complaint. It does not appear that he has been served with notice of this motion.…