Charles D. Beckwith, Inc. v. New York, Westchester & Boston Railway Co.

Order denying defendant’s motion to vacate the notice of the taMng of the testimony of George W. Burton as a witness before trial reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs, upon the ground that *843no special circumstances were shown which authorized the examination of the witness as such. Lazansky, P. J., Kapper, Hagarty, Seeger and Carswell, JJ., concur.