LOMBARDO v. PECORA


23 A.D.2d 460 (1965)

Vito Lombardo, Respondent, v. Cono L. Pecora, Appellant, Pierce Coach Lines, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 19, 1965.


Attorney(s) appearing for the Case

Eugene G. Lamb and Patrick F. Adams for appellant.

Chamberlin, Hartig & Ross (Robert Hill Nix and Paul A. Crouch of counsel), for Pierce Coach Lines, Inc., and another, respondents.

BELDOCK, P. J., BRENNAN, HILL and RABIN, JJ., concur.


CHRIST, J.

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,...

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