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CARROLL v. PRICE

144 Misc.2d 837 (1989)

Laura Carroll, an Infant, by Her Parent and Natural Guardian Richard Carroll, et al., Plaintiffs, v. Christopher R. Price et al., Defendants. Eileen McGregor, an Infant, by Her Father and Natural Guardian Michael McGregor, et al., Plaintiffs, v. Renee Conocenti et al., Defendants. Christopher R. Price, Third-Party Plaintiff, v. Steven Kowinsky, Third-Party Defendant.

Supreme Court, Suffolk County.

May 26, 1989

Attorney(s) appearing for the Case

Gordon, Kushnick & Gordon for Laura Carroll, plaintiff. Michael Pelinsky for Christopher R. Price, defendant and third-party plaintiff. Siben & Siben for Eileen McGregor, plaintiff. Glenn R. Schwartz for Renee Conocenti and another, defendants.

ALFRED M. LAMA, J.

Before the court is a somewhat unusual case of a motion to compel a defendant in a civil case to testify while there still are pending charges against him arising out of the same circumstances.

Defendant Steven Kowinsky, under advice of counsel, has refused to be deposed in an action arising out of a motor vehicle accident. He is also facing a charge of leaving the scene of the incident...

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