Opinion
September 29, 1949.
Appeal from Supreme Court, Rensselaer County.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ. [ 195 Misc. 391.]
The defendant Drummond seeks to examine his codefendant Walsh. Under the established policy of this court with relation to examinations before trial we think the examination sought in this case is proper, and within the purview of section 288 of the Civil Practice Act. We do not however subscribe to the defendant-respondent's theory that he may examine his codefendant for the purpose of ascertaining whether he has a cause of action against a third party. He is limited to matters material and necessary to his own defense in this action. Order unanimously affirmed, with $10 costs and disbursements.