Opinion
April 19, 1948.
Order denying appellant's motion for the examination of a witness before trial, affirmed, with $10 costs and disbursements. The bare fact that a witness to an accident, who has made a statement for one party to the action, refuses to be interviewed or to make a statement to the other party does not constitute "special circumstances" within the purview of section 288 of the Civil Practice Act. Lewis, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur. [19] Misc. 832.]