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Pearson v. Pouthier

33 A.D.2d 531 Court N.Y. App. Div. Decision date 1969-09-18 English

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p. 531
Evelyn Pearson, as Administratrix of the Estate of Dorothy Banas, Deceased, Respondent, v. Joseph Pouthier, Appellant. (And Two Other Actions.)

— Order unanimously affirmed, with costs. Memorandum: We recognize that recent decisions have liberalized the interpretation of the words “special circumstances” as contained in CPLR 3101 (subd. [a], par. [4]). There remains, however, the basic requirement that a party seeking such examination should make full disclosure so as to establish “ a possible connection of the witness with the transactions involved, about which she would have special and exclusive knowledge.” (Courtland v. Brown, Harris, Stevens, 6 A D 2d 789 .) This the defendant has'failed to do. (Appeal from order of Erie Special Term,,.denying'motion to take deposition.) Present — Goldman, P. J., Del Vecchio;'Witiner,Gabrielli and Bastow, JJ.,,.