Berggren v. Reilly

OPINION OF THE COURT

Bernard F. McCaffrey, J.

This motion involves the interesting query upon which there is little or no New York authority; that is, where a court determines that an infant of tender years is incompetent for purposes of being examined at this time, then may the father of the infant be questioned now at an examination before trial as to what his son told him about how the accident happened?

This is an action for personal injuries allegedly sustained by the infant plaintiff, Douglas Berggren, when he was hit by a motor vehicle. At the examination before trial, the defendants…