Plaintiff moves for an order directing that the wife of the defendant appear, as a witness, and be examined pertaining to the defendant's physical condition prior to the accident on May 15, 1967.
Defendant contends that his wife's knowledge of his ability to operate an automobile is privileged, and pursuant to CPLR 4502 (subd. [b]) is not a proper subject of inquiry by the plaintiff.
It is undisputed that...
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