O'Dea v. City of Albany

This is an appeal from an order of Special Term denying defendant’s motion to compel the infant plaintiff to disclose the name of a witness on an examination before trial.

The infant plaintiff, while at a playground located in the City of Albany, was struck in the back of the head by a portion of a maypole which the boy behind him was swinging on. The portion of the equipment held by the other boy apparently hit the infant plaintiff after the boy let go of it.

On the examination before trial, the plaintiff was asked the name of the other boy and, on advice of counsel, refused to answer the…