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McDONALD v. GORE MT. SKI LIFT CORP.

30 A.D.2d 931 (1968)

Gail C. McDonald, as Administratrix of The Estate of James E. McDonald, III, Deceased, Appellant, v. Gore Mt. Ski Lift Corporation, Respondent

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

September 17, 1968

MEMORANDUM BY THE COURT.

Examinations before trial are permitted of "any person where the court on motion determines that there are adequate special circumstances." (CPLR 3101, subd. [a], par. [4].) Thus, examinations of a witness are permitted when it is established that the witness is hostile, or where the witness has special or exclusive knowledge of the facts in issue. (Southbridge Finishing Co. v. Golding, 2 A.D.2d 430

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