Maresi Mazzetti Corp. v. Blank

Order denying plaintiff’s motion for an examination before trial of one Morris Blank reversed upon the law and' the facts, with ten dollars costs and disbursements, and ' motion granted, without costs; examination to [738] proceed at such time and place and before such officer as the Special Term may direct. The record discloses special circumstances justifying the examination. (Civ. Prac. Act, § 288; McCullough v. Auditore, 216 App. Div. 510; Loomis v. Marsh, 215 id. 691.) Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.