Ordered that the order is affirmed insofar as appealed from, with costs to respondent Wilford Earl Armistead.
The defendants in this case contend that they should be afforded the opportunity to conduct examinations before trial. We agree that the defendants should have such an opportunity (see, CPLR 3212 [f]). We additionally find that the defendants did not fail to ascertain the facts due to their own inaction (see, Meath v Mishrick,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.