In an action against a hospital to recover damages for injuries alleged to have been sustained by a patient who fell from bed because of the negligence of the hospital in failing to furnish proper safeguards, and restraint and supervision of the patient, order permitting the examination before trial of the physician then in the employ of the hospital, who examined the patient and admitted her to the hospital shortly before the accident, affirmed, with $10 costs and disbursements, the examination to proceed on five days' notice. It is our opinion that the papers submitted establish that the testimony of this witness is material and necessary; and special circumstances, within the meaning of section 288 of the Civil Practice Act, have been sufficiently disclosed to indicate that he is likely to be an unwilling and reluctant, if not a hostile, witness. ( Laruffa v. Astarita, 264 App. Div. 785; Zirn v. Bradley, 257 App. Div. 832, and cases there cited.) Johnston, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.