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SOMMERS v. DEEPDALE GARDENS CORP.

14 Misc.2d 464 (1958)

Howard M. Sommers, an Infant, by His Guardian ad Litem, Marvin E. Sommers, et al., Plaintiffs, v. Deepdale Gardens Third Corp., Defendant.

City Court of the City of New York, Queens County.

October 1, 1958.

Attorney(s) appearing for the Case

Isidore Friedman for plaintiffs.

Bernard Helfenstein and Abraham Seidner for defendant.

J. IRWIN SHAPIRO, J.

This is a motion to vacate and set aside an order to examine the infant plaintiff and his father, the adult plaintiff, before trial.

The motion as to the infant is predicated on the fact that he is too young to be sworn. At the time of the accident he was 5 years and 2 months old. He is now 5 years and 6 months old.

Ordinarily, in the event of an application to examine a...

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