Raldiris v. Simmons

Defendant applies for an order directing the examination of a witness and for the production of books and papers. It is conceded that the witness will be present in New York at the time of the trial with the books and papers and available for subpoena. The application is based upon the decision in Continental Insurance Co. v. Equitable Trust Co. (229 App. Div. 657) in which an order allowing the discovery of books and papers in the posses-session of a receiver in bankruptcy was affirmed. An examination by counsel of the record in that case shows that no deposition was sought, but merely an…