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EVELYN PEARSON v. JOSEPH POUTHIER (09/18/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


September 18, 1969

EVELYN PEARSON, AS ADMINISTRATRIX OF THE ESTATE OF DOROTHY BANAS, DECEASED, RESPONDENT,
v.
JOSEPH POUTHIER, APPELLANT. (AND TWO OTHER ACTIONS.)

Appeal from order of Erie Special Term, denying motion to take deposition.

Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

Memorandum: We recognize that recent decisions have liberalized the interpretation of the words "special circumstances" as contained in CPLR 3101 (subd. [a], par. [4]). There remains, however, the basic requirement that a party seeking such examination should make full disclosure so as to establish "a possible connection of the witness with the transactions involved, about which she would have special and exclusive knowledge." (Courtland v. Brown, Harris, Stevens, 6 A.D.2d 789.) This the defendant has failed to do.

Disposition

Order unanimously affirmed, with costs.

19690918

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