POSNER v. MORGENSTERN


19 A.D.2d 811 (1963)

John J. Posner, Respondent, v. Henry K. Morgenstern, Appellant

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

October 17, 1963


Order [6375], entered on May 17, 1963, granting plaintiff's motion to examine Florence Bergere before trial as a witness, unanimously reversed, on the law and in the exercise of discretion, with $10 costs and disbursements to the appellant, and the motion denied.

Examinations before trial of witnesses are permitted "when it is established that they are hostile * * * or where the witness has special or exclusive knowledge of the facts in issue" (Southbridge Finishing...

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