SLABAKIS v. DRIZIN


107 A.D.2d 45 (1985)

Angelos Slabakis, Respondent, v. Shalom Drizin et al., Appellants, and Berley & Co., Inc., Respondent

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

February 19, 1985


Attorney(s) appearing for the Case

Jacob F. Suslovich for appellants.

Lionel Barasch of counsel (Clarence S. Barasch, attorney), for respondent.

SULLIVAN, J. P., ASCH and MILONAS, JJ., concur.


KASSAL, J.

Defendants appeal from an order which denied their motion for permission to depose a nonparty witness pursuant to then CPLR 3101 (a) (4), on a finding that "adequate special circumstances" had not been shown sufficient to warrant the examination.

The action by plaintiff, a real estate broker, was to recover a brokerage commission, plaintiff alleging that the individual defendants had retained...

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