Carlson v. Jackson — 272 A.D.2d 1052

Majority

p. 1052

Helga C. Carlson, Appellant, v. John M. Jackson, Respondent.

We find that sufficient special circumstances were shown in this case to warrant granting the examination of defendant before trial as to item No. 1, and unanimously modify the order appealed from accordingly, with $20 costs and disbursements to the appellant to abide the event. The date for the examination to proceed to be fixed in the order. Settle order on notice. Present — Peck, P. J., Dore, Cohn, Callahan and Shientag, JJ.