Illacqua v. F. & M. Schaefer Brewing Co.

The defendant, the F. &■ M. Schaefer Brewing Co., has moved pursuant to section 288 and rule 121-a of the Rules of Civil Practice for an order to examine the defendant, Helen Ann Turner, before trial concerning all the relevant facts and circumstances in connection with an accident alleged in the complaint including negligence, contributory negligence, liability and damages. The defendant, Helen Ann Turner, opposes such motion on the ground that one codefendant may not examine another codefendant before trial in the absence of a cross claim or some other special circumstances.

There have been…