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LA PLANT v. ATIAS

10 Misc.2d 852 (1958)

Charles La Plant, Individually and as Guardian ad Litem of Charles D. La Plant, Plaintiff, v. Hyman Atias, Defendant.

County Court, Monroe County.

March 3, 1958.

Attorney(s) appearing for the Case

Robert T. Skipworth for defendant.

William L. Clay for plaintiff.

GEORGE D. OGDEN, J.

Upon the complaint and notice of motion, with accompanying affidavit, it appears that the infant plaintiff herein was approximately 7 years of age at the time of the accident; his examination before trial is sought. This court has been unable to find any decided cases on the subject, except Blagburn v. Milrita Realty Corp. (204 Misc. 74). In that case

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