Courtland v. Brown, Harris, Stevens, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, with $20 costs and disbursements to appellant, and the motion to vacate the notice of examination before trial of the witness, Mrs. Jones Wilkie, is denied. Considering the nature of the causes of action, plaintiff has sufficiently shown a possible connection of the witness with the transactions involved, about which she would have special and exclusive knowledge. Unquestionably she will be reluctant, if not a hostile, witness at the trial. Special circumstances have been adequately demonstrated. (See Southbridge Finishing Co. v. Golding, 2 A D 2d 430, 435; Lesavoy…
2Cases cited1 opinion
- Lesavoy Industries, Inc. v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by1 opinion
- Staton v. HrkoWest Virginia Supreme Court · 1989