Weisinger v. Berfond

Plaintiff moves to strike out defendants’ notice of examination or, in the alternative, deferring examination until after plaintiff’s examination of defendants. Defendants cross-move to vacate plaintiff’s notice of examination on the ground that defendants are entitled to priority in the examination and on the further ground that insufficient notice of the examination was given.

The action is predicated upon an alleged joint venture between plaintiff and the defendants Berfond and Bae to impress a trust upon real estate owned by the defendants or some of them and for an accounting. The answer…