Zaritzky v. Prudential Insurance Co. of America

Woíbek, C. C. J.

The defendant has applied for an examination of the plaintiffs before trial. It seeks to examine the guardian of the property of two infants in whom the cause of action is alleged to be vested, appointed by the surrogate of Passaic county. The other plaintiff appears in his proper person.

The petition alleges:

“That it desires to examine the said plaintiffs, Joel and Milton Zaritzky, by their guardian, Anna Zaritzky, and Leo Zaritzky, as witnesses in the said cause, before the trial of the same, according to the provisions of the statute.”

The statute provides:

“Any party to an…