Opinion
July, 1932.
Order granting motion to examine witness before trial reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Special circumstances sufficient to warrant the examination of the witness have not been shown. The question of fact as to whether or not the witness was acting as attorney for Mrs. Welsh may be determined at the trial. Lazansky, P.J., Young, Carswell, Scudder and Tompkins, JJ., concur.