Berger v. Goldstein

Motion by plaintiffs to vacate or modify the notice of examination served by the defendant Goldstein to examine plaintiffs before trial as adverse parties. Plaintiffs admit the validity of the examination upon the matters specified in item 3 of the notice, but question the right to examine as to the remaining five items on the ground that it is not “ permissible under the issues raised by the pleadings.”

The principal issue revolves about the question of ownership of a certain certificate, number 6, for 25 shares -of common stock in the defendant corporation issued to the individual defendant…