Braswell v. Birch Properties, Inc.

Order unanimously modified in accordance with Memorandum and as so modified affirmed, without costs. Memorandum: Plaintiff appeals from an order at Special Term which granted defendant’s motion for an oral examination of one Ada Wilson, a witness, who was shown to have been present in decedent’s premises at the time of his death which was allegedly caused by defendant’s negligence in permitting gas fumes to escape therein. Adequate special circumstances were shown for disclosure by Wilson to satisfy the requirements of CPLR 3101 (subd. [a], par. [4]) but she was not shown to be under…