139 Misc. 859 | N.Y. Sup. Ct. | 1931
Sufficient facts are disclosed to show that special circumstances here exist which warrant and authorize the examination of this witness before trial. The “ special circumstances ” clause in section 288 of the Civil Practice Act should be liberally construed to advance the ends of justice and to provide for an orderly procedure at the trial. (McCullough v. Auditore, 216 App. Div.
Motion for reargument is granted, and upon reargument the decision herein of February 28, 1931, denying motion to vacate the notice is adhered to, and the examination of said witness (Mary Bierbauer) in respect to all items of said notice dated February 5, 1931, shah proceed at Special Term, Part II, of this court on March 30, 1931, at eleven o’clock in the forenoon. Order signed.