LUBITZ v. PORT OF NEW YORK AUTH.


8 Misc.2d 10 (1957)

Sylvia Lubitz et al., Plaintiffs, v. Port of New York Authority, Defendant.

City Court of the City of New York, Special Term, Queens County.

October 22, 1957.


Attorney(s) appearing for the Case

Sidney Goldstein for defendant.

Herbert L. Fine for plaintiffs.


J. IRWIN SHAPIRO, J.

This is a motion by the defendant for an examination before trial of the brother and sister-in-law of the plaintiff, Sylvia Lubitz, on the ground that the blood and close relationship of these witnesses to the plaintiff constitutes other "special circumstances" pursuant to section 288 of the Civil Practice Act.

This is a negligence action in which the plaintiff is suing for damages...

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