BISSELL v. WINCHELL


205 Misc. 877 (1954)

Pelham St. G. Bissell, 3d, Plaintiff, v. Walter Winchell et al., Defendants.

Supreme Court, Special Term, New York County.

March 9, 1954.


Attorney(s) appearing for the Case

M. E. Theodore for plaintiff.

McCauley & Henry for defendants.


EDER, J.

Motion, to examine defendant Winchell before trial and for production of books and records pursuant to section 296 of the Civil Practice Act, is granted. It is the view of the court that plaintiff is entitled to the examination under the liberal provisions of rule 121-a of the Rules of Civil Practice, and this irrespective of who has the burden of proof. The opposition stresses the feature that this...

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