In this action for breach of contract to pay brokerage commissions, plaintiff has satisfactorily established adequate special circumstances (CPLR 3101, subd [a], par [4]) to depose the witnesses. Although both are nonparties to this action, they possess knowledge relating to the alleged hiring of plaintiff as broker, as well as concerning the transactions involved and prior offers to purchase, which may affect plaintiff's right of recovery. Such evidence is "material and...
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