Opinion
February 23, 1967
Appeal from the Livingston Special Term.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed, without costs, and motion denied. Memorandum: No adequate special circumstances have been set forth in the moving papers to authorize pretrial examinations of nonparty witnesses to be preserved for the trial. ( McElligott v. Harper Vending, 24 A.D.2d 850.)