Nedlin Realty Co. v. Bachner

Order reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to vacate notice of examination before trial granted, with ten dollars costs. It is provided by the Civil Practice Act (§§ 288, 289) a party to an action in a court of record may cause to be taken by deposition, before trial, his own testimony or that of an adverse party [any other party] which is material or [and] necessary in the prosecution or defense of the action. While it not essential that issue be joined to justify such an examination, there must be proof before the court that the testimony…