WEISSMAN v. LAMELA


200 Misc. 545 (1951)

Solomon Weissman, Plaintiff, v. Herbert J. Lamela et al., Defendants.

Supreme Court, Special Term, Kings County.

November 1, 1951.


Attorney(s) appearing for the Case

Di Lorenzo & Di Lorenzo for defendants.

Israel & Koven for plaintiff.


NOVA, J.

In an action brought to foreclose a mechanic's lien defendants move to examine the plaintiff before trial. The defendants' answer consists of denials of the material allegations of the complaint without any affirmative defenses or counterclaims.

Plaintiff objects to the entire examination on the ground that the defendants do not have the burden of any of the items on which examination is sought but also fail to disclose the materiality...

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