Order [6771], entered on July 12, 1963, vacating the plaintiff's notice to examine before trial one Stanley Pilate as a witness, unanimously affirmed, with $10 costs and disbursements to respondent. The affidavit submitted in opposition to the motion to vacate fails to sufficiently demonstrate — in the light of the circumstances concerning this witness — that the witness is "without the state" within the contemplation of section 288 of the Civil Practice Act...
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