Sommers v. Deepdale Gardens Third Corp.

This is a motion to vacate and set aside an order to examine the infant plaintiff and his father, the adult plaintiff, before trial.

The motion as to the infant is predicated on the fact that he is too young to be sworn. At the time of the accident he was 5 years and 2 months old. He is now 5 years and 6 months old.

Ordinarily, in the event of an application to examine a young child before trial, the court, by virtue of the requirements of section 365 of the Civil Practice Act, would, before ordering such an examination, have to satisfy itself that the infant understood the nature and quality…