Bailowitz v. Independent Congregation Wisdom of Man

Order dated June 6, 1934, denying, upon reargument, plaintiffs’ motion for an examination before trial, unanimously reversed upon the law, with ten dollars costs to appellants, and motion granted.

Appeal from order of May 29, 1934, dismissed. This order was in effect vacated by the granting of the motion for reargument.

Whether examinations of an adverse party before trial should be granted rests in the sound discretion of the court, but that discretion should be exercised liberally with the view of ascertaining the truth. It may be stated as a general rule that an examination of an adverse…