Polisar v. Linz

In an action to recover damages for alleged defamation, plaintiff appeals from an order of the Supreme Court, Queens County, dated August 4, 1971, which granted defendant’s motion for a protective order under CPLR 3103 (suhd. [a]) vacating plaintiff’s notice to take the depositions of certain nonparty witnesses. Order reversed, with $10 costs and disbursements, and motion denied. Special circumstances within the meaning of CPLR 3101 (suhd. [a], par. [4]) have been sufficiently revealed to entitle plaintiff to examine both Venikoff and Griffin as material witnesses and to subpoena the record…