
    Llewellyn H. Bailey, Appellant, v. Joseph M. Kelly, Respondent.
    Supreme Court, Appellate Term, First Department,
    June 18, 1959.
    
      
      Joseph T. Keller for appellant.
    No one appearing for respondent.
   Per Curiam.

Plaintiff’s right to take the deposition of its material witness, who is not within the City of New York, is permissible under section 101 of the Municipal Court Code and is not limited by section 288 of the Civil Practice Act. Upon the showing made, no additional special circumstances are required to be alleged.

The. order should be reversed, with $10 costs, and motion granted.

Concur — Steuer, J. P., Hoestadter and Aurelio, JJ.

Order reversed, etc.  