FINKEL v. SUN DAWN GARDENS, INC.


280 A.D. 977 (1952)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1952.


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...

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