Opinion
September 18, 1969
Appeal from the Erie Special Term.
Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.
Order unanimously affirmed, with costs. Memorandum: We recognize that recent decisions have liberalized the interpretation of the words "special circumstances" as contained in CPLR 3101 (subd. [a], par. [4]). There remains, however, the basic requirement that a party seeking such examination should make full disclosure so as to establish "a possible connection of the witness with the transactions involved, about which she would have special and exclusive knowledge." ( Courtland v. Brown, Harris, Stevens, 6 A.D.2d 789.) This the defendant has failed to do.