Order reversed on the law and facts, without costs of this appeal to either party, and motion granted, without costs.
Memorandum:
We conclude that the record presents special circumstances entitling the defendant to examine the witness before trial.
All concur, except Kimball and Bastow, JJ., who dissent and vote for affirmance in the following memorandum:
In our opinion this record discloses no special circumstances within the meaning of section...
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