Nicowski v. Nicoski

Plaintiff moves to examine mentally defendant, Jacob Nicoski (herein called “ Jacob ”); defendants cross-move for an order vacating the notice to submit to a mental examination served on April 18,1966.

The complaint alleges that Jacob owns certain real property in Erie County, New York, which he has offered for sale, acting under the undue influence of defendant, John Nicowski (herein called “John”); that Jacob is “not of sound mind and is incompetent to convey real property;” that a sale of this prop*168erty will cause “ loss and disadvantage ” to Jacob, and to Ms son, the plaintiff; wherefore,…