Majority
p. 870Carrie Marchese et al., Respondents, v. Louis J. Agnese, Individually and as Administrator of the Estate of Elsie Agnese, Deceased, Appellant.
Order unanimously reversed, with $20 costs and disbursements to the appellant and the motion granted. It is found from the moving papers that special circumstances exist which render it proper that the attorney be examined as a witness pursuant to section 288 of the Civil Practice Act. Settle order on notice. Present — Peck, P. J., Dore, Callahan, Breitel and Bastow, JJ.