The IAS Court properly determined that no "special circumstances" or conditions existed pursuant to CPLR 3101 (d) (1) (iii) warranting the deposition of plaintiff's expert witness in connection with an explosion in the basement of the insured premises, where, as here, the material physical evidence, an allegedly defective gas valve manufactured by defendant Honeywell, which allegedly caused the explosion, had not been "lost or destroyed before the other side has had an opportunity...
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