Mazzuka v. Long Island Rail Road

In a wrongful death action, defendant Long Island Rail Road appeals from so much of an order of the Supreme Court, Nassau County, entered March 25, 1976, as granted the branch of plaintiff’s motion which sought to examine, outside of the State, two former employees of the defendant railroad, on an open commission. Order reversed insofar as appealed from, without costs or disbursements, and motion insofar as it sought to examine the witnesses on an open commission, denied. In our opinion, the facts set forth in plaintiff’s moving papers were insufficient to justify Special Term’s grant of his…