ALMY v. PAPPAS


134 A.D.2d 946 (1987)

Patrick Almy et al., Individually and as Parents and Natural Guardians of Catherine Almy, an Infant, Respondents, v. Nicholas Pappas, Appellant

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

November 10, 1987


Order unanimously reversed on the law without costs and defendant's motion granted.

Memorandum:

Special Term abused its discretion in denying defendant's motion to compel infant plaintiff to appear for an examination before trial and in granting plaintiffs' cross motion for a protective order pursuant to CPLR 3103. There is no question that the testimony of the infant plaintiff, who was seven years old at the time...

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