Mallin v. Kossin

Order entered December 8, 1965, granting plaintiffs’ motion to conduct an examination before trial of a witness, unanimously reversed on the law and the facts, and in the exercise of discretion, and the motion denied, with $30 costs and disbursements to defendant-appellant. The application to examine the witness was made almost 16 months after plaintiffs had filed a statement of readiness. Apart from any question as to whether plaintiffs had demonstrated special, unusual or extraordinary circumstances to permit a departure from our statement of readiness rule (see Jacobs v. Peress, 23 A D 2d…