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BROOKLYN EXPRESS CO., INC. v. KEY FOOD STORES CO-OPERATIVE, INC.

40 A.D.2d 608 (1972)

Brooklyn Express Co., Inc., Respondent, v. Key Food Stores Co-Operative, Inc., et al., Appellants, et al., Defendants

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

September 25, 1972

Order reversed, without costs, and motion granted, without costs.

In our opinion, the age of the proposed nonparty witness, to wit, almost 75 years, coupled with his residence in Florida for the major part of the year, constitutes an adequate special circumstance under CPLR 3101 (subd. [a], par. [4]). If the examination is to be held in Florida, the expenses thereof shall be paid...

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