LATZ v. CASTRICONE


13 Misc.2d 119 (1958)

Alice Latz, Plaintiff, v. Angelo Castricone, Doing Business as Castricone Concrete Construction Company et al., Defendants.

Supreme Court, Erie County.

September 15, 1958.


Attorney(s) appearing for the Case

Melvin A. Freed for plaintiff.

Adams, Smith, Brown & Starrett for David J. Kulick, as coexecutor, defendant.


MICHAEL CATALANO, J.

The plaintiff seeks to examine Eleanor R. McFarlane, widow of one John E. McFarlane, whose coexecutor, David J. Kulick, is a party defendant, pursuant to section 288 of the Civil Practice Act, as a witness in the action.

This is a negligence action brought by the plaintiff against the defendants to recover damages sustained by her in a fall at 37 Linview Terrace, in the City of Buffalo...

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