Almy v. Pappas

— Order unanimously reversed on the law without costs and defendant’s motion granted. Memorandum: Special Term abused its discretion in denying defendant’s motion to compel infant plaintiff to appear for an examination before trial and in granting plaintiffs’ cross motion for a protective order pursuant to CPLR 3103. There is no question that the testimony of the infant plaintiff, *947who was seven years old at the time her testimony was sought, would properly be discoverable if she is competent (CPLR 3101 [a]). Defendant has exhausted other available sources of information and it appears that…