De Groote v. Weglein

This is a motion for an order for the examination before trial of a witness pursuant to CPLR 3101 (subd. [a], par. [3]) that the witness resides more than 100 miles from the place of trial, and under paragraph (4) thereof, that special circumstances exist that warrant such examination. The action is to be tried in Suffolk County at Riverhead and the witness sought to be examined is one Garson Reiner, who resides at Irvington-on-the-Hudson in Westchester County.

The motion is opposed on the ground that according to the Automobile Club of New York, Inc., by its recommended route (without saying…