March 1, 1948.
In an action to recover brokerage commissions, order denying plaintiff's motion to examine two witnesses — alleged agents of defendant — before trial, reversed on the law and the facts, with $10 costs and disbursements, and the motion granted, with $10 costs, the examination to proceed on five days' notice. The facts disclosed by the affidavit show the existence of special circumstances entitling plaintiff to the examination. ( Bloede Co. v. Devine Co., 211 App. Div. 180; Farber v. DeBruin, 253 App. Div. 909; Laruffa v. Astarita, 264 App. Div. 785.) Lewis, P.J., Carswell, Johnston, Adel and Wenzel, JJ., concur.