BERGGREN v. REILLY


95 Misc.2d 486 (1978)

Douglas Berggren, an Infant by His Father and Natural Guardian, James Berggren, et al., Plaintiffs, v. Ronald J. Reilly et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 2, 1978


Attorney(s) appearing for the Case

William J. Steinbrecher, P. C., for plaintiffs. Hanner, Onorato & Hogarty for defendants.


BERNARD F. McCAFFREY, J.

This motion involves the interesting query upon which there is little or no New York authority; that is, where a court determines that an infant of tender years is incompetent for purposes of being examined at this time, then may the father of the infant be questioned now at an examination before trial as to what his son told him about how the accident happened?

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