De Maria v. Gaidusek

By this motion the plaintiff seeks an examination before trial of Frank Monico and John Kushner, as witnesses of an alleged brawl .which it is claimed took place in the defendant’s saloon between patrons of the defendant, arid as a result of which, the plaintiff suffered injuries.

“ Other special circumstances ” under which a person may be examined before trial as a witness, pursuant to section 288 of the Civil Practice Act, are not limited to such circumstances as would make the presence of witnesses at the trial doubtful or uncertain. (De Maria v. Gaidusek, 186 Misc. 340.)

In the case of…