McDonald v. Gore Mt. Ski Lift Corp.

Memorandum by the Court.

Appeal from an order of the Supreme Court at Special Term entered January 15, 1968 in Albany County granting defendant’s motion for an examination before trial of James E. McDonald as a witness. Examinations before trial are permitted of “ any person where the court on motion determines that there are adequate special circumstances.” (CPLR 3101, subd. [a], par. [4].) Thus, examinations of a witness are permitted when it is established that the witness is hostile, or where .the witness has special or exclusive knowledge of the facts in issue. (Southbridge Finishing Co.…