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. Prac. Act, § 288). He is not a party or the agent or employee of a party to the action (Rules Civ. Prac., rule 121-a). Respondents deny they ever made to him any of the alleged scandalous statements...
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