Opinion
January 28, 1960
Order unanimously reversed on the law, on the facts and in the exercise of discretion, with $20 costs and disbursements to the appellants, and the motion to vacate the notice of examination before trial granted, with $10 costs. The complaint is unverified and most of the operative allegations are stated on information and belief. There is a failure to comply with subdivision 7 of rule XI of the New York County Supreme Court Trial Term Rules, with respect to establishing special circumstances. ( Van Aalten v. Mack, 7 A.D.2d 289.)
Concur — M.M. Frank, J.P., Valente, McNally and Stevens, JJ.