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PRYOR v. ST. BARNABAS HOSP.

143 A.D.2d 564 (1988)

Paul A. Pryor an Infant, by Nannie M. Pryor, as His Guardian and as Administratrix of The Estate of Mary L. Pryor, Deceased, Respondent, v. St. Barnabas Hospital et al., Appellants, et al., Defendants

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

October 6, 1988

The testimony of the infant plaintiff sought by defendants-appellants in this wrongful death action was both material and relevant to the issues in the case. There was no finding that the infant plaintiff, who was 15 years old at the time of his mother's death, was incompetent, nor is he deemed incompetent as a matter of law (Tuohy v Gaudio, 87 A.D.2d 610, 611 [2d Dept 1982]; Lester v Fischbein, 8 A.D.2d 618...

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