Legal Opinion

Giunta v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 19, 1948PublishedCited by 3 opinions

1Opinion of the Court

Order denying appellant’s motion for the examination of a witness before trial, affirmed, with $10 costs and disbursements. The bare fact that a witness to an accident, who has made a statement for one party to the action, refuses to be interviewed or to make a statement to the other party does not constitute “ special circumstances ” within the purview of section 288 of the Civil Practice Act. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [191 Mise. 832'.]

2Cited by3 opinions

  1. Kallen v. Nassau County Bridge AuthorityAppellate Division of the Supreme Court of the State of New York · 1953
  2. People v. Anaconda Wire & Cable Co.Appellate Division of the Supreme Court of the State of New York · 1963
  3. Templeton v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1958