Fahey v. South Nassau Communities Hospital

It is our opinion that the papers submitted establish that the testimony of this witness is material and necessary; and special circumstances, within the meaning of section 288 of the Civil Practice Act, have been sufficiently disclosed to indicate that he is likely to be an unwilling and reluctant, if not a hostile, witness. (Laruffa v. Astarita, 264 App. Div. 785; Zirn v Bradley, 257 App. Div. 832, and cases there cited.) Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.