Mull v. Streaker

Defendant moves pursuant to CPLR 3101 (subd. [a], par. [4]), to compel a witness to comply with a subpoena served pursuant to subdivision (b) of CPLR 3106 and to be examined before trial by the defendant’s attorney.

The action arose by reason of an accident which occurred on March 7, 1968, when a seven-year-old pedestrian was struck by an automobile owned and operated by the defendant. The infant’s action is brought by his father individually and as natural guardian. The name of Alma J. Mull, the mother and wife of the plaintiffs, appears on the sheriff’s report as a witness to the accident.…