Miller v. Shopwell Foods, Inc.

This appeal requires us to determine whether an examination before trial may be allowed in an action for malicious prosecution where no unusual or special circumstances are shown. In this action to recover damages for malicious prosecution the Special Term has vacated defendants ’ notice seeking to examine plaintiff on the basic facts of the alleged cause of action and on the damages claimed to have been sustained by plaintiff. The lower court has held that in the absence of a showing of special circumstances such an examination may not be had.

The precise question has not heretofore been…