New York Feather Co. v. Spewack

This is a motion by the plaintiff to vacate the defendants’ notice to examine the plaintiff before trial, by Manny York, its president. Insofar as the plaintiff objects to the examination in general, the grounds relied upon are plainly meritless. But there is one issue presented here which does warrant some consideration.

As I have said, defendants desire to examine the plaintiff by its president. The plaintiff, however, desires to submit on its behalf one Judd York, a former vice-president. This substitution is objected to by the defendants. They argue that they are entitled to examine a…