Beeber v. Empire Power Corp.

The rule of discretion laid down in Zeltner v. Fidelity & Deposit Co. of Maryland (220 App. Div. 21) and since consistently followed by this court, is to the effect that, generally, papers, books, records, etc., produced pursuant to order upon an examination before trial may be offered in evidence even though not used to refresh the recollection of the witness.

Before offering the documents in evidence, the examining party has the right of a limited inspection for the purpose of determining whether he desires to have them marked in evidence. This was the *69rule even under the Code of Civil…