Lester v. Fischbein

In an action by an infant to recover damages for personal injuries and by his father for resulting medical expenses and loss of services, the appeal is from an order granting appellant’s motion to reargue a motion made by respondents to modify a notice of examination before trial by eliminating the requirement for an examination of the infant, and on reargument, adhering to the original determination that the infant may not be examined in the absence of proof by appellant as to the infant’s competency to testify. Order modified (1) by striking from the first ordering paragraph the words “…