MUSCOREIL v. POOL MART, INC.


107 A.D.2d 1025 (1985)

Lorenzo Muscoreil, by Ann Vigneri, His Grandmother, et al., Appellants, v. Pool Mart, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 29, 1985


Order unanimously modified and, as modified, affirmed, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: Plaintiffs appeal from an order directing the infant plaintiff "to appear upon notice for oral examination before trial which examination shall not be under oath." There is no question that the testimony of the eight-year-old plaintiff, if he is

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