Coombs v. Rowand

Order, 'Supreme Court, New York County, entered on November 18, 1969, reversed, on the law, and the motion denied. Appellant shall recover of respondents $30 costs and disbursements of this appeal. The order precludes the defendant from offering the testimony of his wife unless she is produced for examination before trial as a witness in accord with the terms of the order. • The wife has not been served with process and is not a party to the action. A prior order allowed her examination as a witness, impliedly finding special circumstances. The wife is a resident of Pennsylvania and was…