Morris H. Stein, Inc. v. Miller

In an action to recover brokerage commissions, the appeal is from an order denying appellant’s motion to examine as a witness before trial the purchaser allegedly produced by respondent. Order affirmed, with $10 costs and disbursements. There was no improvident exercise of discretion by the Special Term in denying the motion. No facts were shown indicating special circumstances warranting the examination of the witness. Nolan, P.J., Adel, Schmidt, Beldoek and Murphy, JJ., concur.