Lombardo v. Pecora

The single issue presented by this appeal is whether a defendant in a personal injury action should be permitted to examine his codefendants before trial where no cross claims have been asserted among them.

Generally, the policy of this court has been not to permit such pretrial examinations (Johansen v. Gray, 279 App. Div. 108). In the First and Third Judicial Departments, however, a contrary policy has prevailed; such pretrial examinations have been allowed (Frost v. Walsh, 275 App. Div. 1017; Schneider v. Doyle, 6 A D 2d 122).

In the case at bar, plaintiff was a passenger in the car of the…