SCHIMMEL v. SPIGAL


4 Misc.2d 406 (1956)

Rebecca Schimmel, Plaintiff, v. Herman Spigal et al., Defendants.

Supreme Court, Special Term, Kings County.

October 30, 1956.


Attorney(s) appearing for the Case

McCarthy & McGrath for Herman Spigal and another, defendants.

Garfield, Harkavy & Fagan for Ralph Schimmel, defendant,

Jacob D. Fuchsberg for plaintiff.


ANTHONY J. DI GIOVANNA, J.

Motion to vacate a notice by one defendant to examine a codefendant is granted. It is deplorable that so much division of judicial opinion exists concerning the right of one defendant to examine a codefendant where neither asserts affirmative claims of relief against the other. It might be helpful to have a further codification of rules respecting these examinations by the rule-making...

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