Order reversed insofar as appealed from, without costs or disbursements, and motion insofar as it sought to examine the witnesses on an open commission, denied.
In our opinion, the facts set forth in plaintiff's moving papers were insufficient to justify Special Term's grant of his application for a commission to take depositions, out of State, of two of appellant's former employees (see CPLR 3101, subd [a], pars [3], [4]; 3108). The former employees were, respectively...
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