Opinion
May, 1936.
Order granting defendant's motion to examine a witness before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. It will be necessary for the plaintiff to call this witness on the trial. The proposed examination by the defendant is merely a cross-examination before trial. No special circumstances are shown which would warrant the granting of the examination. Lazansky, P.J., Carswell, Davis, Adel and Taylor, JJ., concur.