Smith v. Flynn

In view of the nature of the cause of action and the defenses raised, defendant has legitimate grounds to examine plaintiff before trial. Being satisfied of defendant’s good faith, the court in its discretion may allow such discovery and with the right to examine as to all the defenses raised. Herbage v. City of Utica, 109 N. Y. 81 , 16 N. E. 62 ; Alden v. O’Brien, 138 App. Div. 249 , 122 N. Y. Supp. 910 ; Kornbluth v. Isaacs, 149 App. Div. 108 , 133 N. Y. Supp. 737 . While ordinarily we are not disposed to review such an exercise of discretion by the Special Term, we think that the examination here sought can throw much light upon these issues, and that therefore, in the interests of justice, it should be granted. Order of the Special Term, in so far as appealed from, reversed, with $10 costs and disbursements, and plaintiff’s motion to vacate order for examination denied, with $10 costs.