Templeton v. County of Broome

Appeal from an order of a Special Term, Supreme Court, Broome

County. In this action against the County of Broome and a deputy sheriff of the county arising from a motor vehicle collision, the defendants sought to take before trial the deposition of an eyewitness on the ground “special cireuinstances” exist within the definition of section 288 of the Civil Practice Act. The witness is not shown to be connected with or under the control of the plaintiffs; and the factual basis for the “special circumstances” claimed is that the witness has refused to give the defendants a statement of the facts…