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PEARSON v. ROSENBERG

22 A.D.2d 225 (1964)

Charles Pearson, Appellant, v. Abraham Rosenberg et al., Respondents, et al., Defendant

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

December 23, 1964.

Attorney(s) appearing for the Case

Milton Paulson for appellant.

Martin Kleinbard of counsel (Allan Blumstein and Samuel Shacter with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys for Abraham Rosenberg and others, and Shacter, Paris, Goldman & Ellison, attorneys for Star Industries, Inc.), for respondents.

BOTEIN, P. J., VALENTE, STEVENS and EAGER, JJ., concur.

BREITEL, J.

Plaintiff, in a derivative stockholders' action, appeals from so much of an order as granted defendants' cross motion for a protective order pursuant to CPLR 3103 vacating plaintiff's notice to conduct an examination before trial pursuant to CPLR 3101 and 3102. The issue is whether there appear sufficient special circumstances to warrant the allowance of such an examination.

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