Amsterdam v. Mandel

273 A.D. 895, 77 N.Y.S.2d 59, 1948 N.Y. App. Div. LEXIS 5179

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 1, 1948
• Status: Published

Opinion

In an action to recover brokerage commissions, order denying plaintiff’s motion to examine two witnesses — alleged agents of defendant — before trial, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs, the examination to proceed on five days’ notice. The facts disclosed by the affidavit show the existence of special circumstances entitling plaintiff to the examination. (Bloede Co. V. Devine Go., 211 App. Div. 180; Barber v. DeBruin, 253 App. Div. 909; Laruffa v. Astarita, 264 App. Div. 785.) Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.