General

Sydney L. Finkel, as Administratrix of the Estate of Frank Levine, Deceased, Respondent, v. Sun Dawn Gardens, Inc., et al., Appellants

280 A.D. 977·New York Supreme Court, Appellate Division·1952·NY

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Opinion

Sydney L. Finkel, as Administratrix of the Estate of Frank Levine, Deceased, Respondent, v. Sun Dawn Gardens, Inc., et al., Appellants. [MAJORITY] Order unanimously reversed, with $10 costs and disbursements to the appellants. The plaintiff’s decedent was the broker and the witness sought to be examined was his salesman in the transaction who it is alleged is the only individual with any knowledge of the events constituting plaintiff’s cause of action. This constitutes sufficient special circumstances to warrant the granting of the motion. Settle order on notice. Present — Peck, P. J., Dore, Cohn and Callahan, JJ.