Opinion
June 29, 1973
Appeal from the Erie Special Term.
Present — Marsh, J.P., Witmer, Cardamone, Simons and Henry, JJ.
Order unanimously affirmed, with costs to appellant. Memorandum: While Special Term made no determination of adequate special circumstances as required by CPLR 3101 (subd. [a], par. [4]), we find sufficient evidence in the record to make such a determination, and we determine that such special circumstances exist as to require disclosure. (See Kenford Co. v. County of Erie, 41 A.D.2d 586.)