Kall v. Karelas

William R. Brennan, Jr., J.

Section 288 of the Civil Practice Act provides that ‘1 Any party to an action * * * may cansí» to be taken by deposition, before trial, his own testimony *557or that of any other party, which is material and necessary in the prosecution or defense of the action ” (emphasis supplied). In the present case the plaintiff seeks to take his own testimony to perpetuate the same for trial. Although he need not establish special circumstances as required by the last sentence of section 288 with reference to examinations of persons not parties, the plaintiff asserts a heart…