Sufficient facts showing the physical condition having been presented, this motion by the surviving spouse to perpetuate his testimony is granted. That he may be incompetent to testify at the trial by virtue of the provisions of section 347 of the Civil Practice Act is not a valid objection to granting his examination (Lemlich v. Lemlich, 266 App. Div. 748; Matter of Tow, 93 N.Y.S.2d 899; Matter of Lowenstein
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MATTER OF IMPARATO
8 Misc.2d 503 (1957)
In the Matter of The Estate of Esther B. W. Imparato, Deceased.
Surrogate's Court, New York County.https://leagle.com/images/logo.png
January 25, 1957.
January 25, 1957.
Attorney(s) appearing for the Case
Di Lorenzo & Alfert for petitioner.
Surrogate's Court, New York County.
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