United States Overseas Airlines, Inc. v. Cox

The order at Special Term permits the examination of the plaintiff corporation as an adverse party through a witness selected for the purpose by the defendant in her notice of examination. There is a dispute about the status in the corporation of the witness whose testimony is to be taken under the order here reviewed.

The “ adverse party ” to be examined is the plaintiff corporation and not its officers or employees as such. Individual witnesses become the instruments, merely, by which the corporate examination is effected. (Civ. Prac. Act, § 289.)

The general rule is that a corporation to be…