Wax v. Sacks

In an action for slander, plaintiffs appeal from an order directing the examination, by defendants, of a witness. Order reversed on the law and the facts, with $10 costs and disbursements, and motion to vacate the notice of examination granted, with $10 costs. Respondents failed to show special circumstances warranting the examination of the person sought to be examined (Civ. Prae. Act, § 288). He is not a party or the agent or employee of a party to the action (Rules Civ. Prae., rule 121-a). Respondents deny they ever made to him any of the alleged scandalous statements which the plaintiffs…