Vogel v. Testa

On this motion to strike defendant’s answer for failure to appear and be examined before trial, the *773defendant has consented to appear and be examined, providing the examination is taken by a competent shorthand reporter and not by a mechanical recording machine. Th e plaintiff asserts that he has a right to have the examination taken by a recording machine.

Thus far, there appears to be a division of opinion among the justices of this court who have passed upon the propriety of recording examinations before trial. In Gotthelf v. Hillcrest Lbr. Co. (280 App. Div. 668) a three-two majority of…