Gormel v. Pfuntner Sales & Service, Inc.

Order unanimously reversed, without costs, and motion denied. Memorandum: No adequate special circumstances have been set forth in the moving papers to authorize pretrial examinations of nonparty witnesses to be preserved for the trial. (McElligott v. Harper Vending, 24 A D 2d 850 .) (Appeal from order of Livingston Special Term granting plaintiff’s motion to take depositions before trial.) Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.