MALAGOLI v. BERNSTEIN


1 A.D.2d 1042 (1956)

John J. Malagoli, Jr., an Infant, by John J. Malagoli, His Guardian ad Litem, et al., Appellants, v. Abraham Bernstein et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 28, 1956


Order reversed, with $10 costs and disbursements to appellants, and motion denied, without costs.

The examination shall proceed on five days' notice. The witness sought to be examined is the wife of one of the respondents and is likely to be an unfriendly, if not hostile, witness for the appellants. Inasmuch as the respondent Connolly himself has no recollection of the circumstances surrounding the accident, and his wife is apparently able to supply the information...

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