The basis for Special Term's decision was alleged lack of adequate special circumstances. The motion papers are read to a contrary conclusion. The two witnesses sought to be examined are psychiatrists who were, it is said, actually present at the time plaintiff's decedent came to his death. The widow, though present, did not observe her husband's fall. Thus it appears that the two doctors, if they have knowledge of the circumstances at all, have it exclusively. Further, both...
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