Giunta v. City of New York , 273 A.D. 974 ( 1948 )

Order denying appellant’s motion for the examination of a witness before trial, affirmed, with $10 costs and disbursements. The bare fact that a witness to an accident, who has made a statement for one party to the action, refuses to be interviewed or to make a statement to the other party does not constitute “ special circumstances ” within the purview of section 288 of the Civil Practice Act. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur. [191 Mise. 832'.]