Smith v. Berzel

Full title: DAVID SMITH, Respondent, v. SALUSTIANO BERZEL et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 15, 1944

267 App. Div. 930 (N.Y. App. Div. 1944)

Opinion

March 15, 1944.

Appeal from Ulster County.

The motion papers show only that the witness, whose examination is sought before trial, is material and important. This is not a sufficient compliance with the provisions of section 288 of the Civil Practice Act which requires a showing of "special circumstances". Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. All concur.