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BLAGBURN v. MILRITA REALTY CORP.

204 Misc. 74 (1953)

Diane Blagburn, an Infant, by Her Guardian ad Litem, Joseph Blagburn, et al., Plaintiffs, v. Ilrita Realty Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

January 8, 1953.

Attorney(s) appearing for the Case

Mathews, Hampton & Mahoney for Milrita Realty Corp., defendant.

Francis J. Mangravite for plaintiffs.

Harry Ostrov for Louis Kronick, defendant.

Caverly, Dimond, Dwyer & Lawlor for Frank Salomon, defendant.

HILL, J.

Defendant Milrita Realty Corp. moves to examine plaintiffs as adverse parties before trial in a negligence action. This motion is made pursuant to the new practice that became law on July 1, 1952 (Rules Civ. Prac., rule 121-a).

Except that the infant plaintiff is eleven years of age, this motion would be granted pro forma. I found but two cases dealing with pre-trial examinations of infants...

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