In re the Estate of Laflin

In a proceeding for the judicial settlement of the account of the executors of a decedent’s estate, the appeal is from an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated April 20,1984, which granted the objectant’s motion pursuant to CPLR 3101 (subd [a], par [4]) and CPLR 3107 to direct a nonparty witness to appear at the Surrogate’s Court for an examination before trial.

Order affirmed with costs, payable by appellant.

The showing by objectant’s counsel that he needed the witness’ pretrial deposition in order to prepare fully for trial suffices as a “special circumstance”…