International Trust Co. v. Kruger

Sufficient facts are disclosed to show that special circumstances here exist which warrant and authorize the examination of this witness before trial. The “ special circumstances ” clause in section 288 of the Civil Practice Act should be liberally construed to advance the ends of justice and to provide for an orderly procedure at the trial. (McCullough v. Auditore, 216 App. Div. *860510; Mayer v. New York Canners, 217 id. 202; Bloede Co. v. Devine Co., 211 id. 180.) Defendant has declined to disclose desired essential facts by pleading his constitutional privilege. This desired witness is…