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BOYO v. NEW YORK CITY TR. AUTH.

72 Misc.2d 165 (1972)

Frances Boyo, Plaintiff, v. New York City Transit Authority, Defendant.

Supreme Court, Special Term, Kings County.

December 14, 1972

Attorney(s) appearing for the Case

Halpern & Brown for plaintiff. John G. deRoos for defendant.

JOHN A. MONTELEONE, J.

This is a motion by a 75-year-old plaintiff to perpetuate her testimony pursuant to CPLR 3101 [subd. (a), par. (3)].

Defendant opposes the motion on the ground that plaintiff has failed to submit a medical affidavit showing a probability that she will not survive until the time of trial.

Effective September 1, 1970 the Legislature amended CPLR 3403 by adding paragraph 4...

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