Latz v. Castricone

The plaintiff seeks to examine Eleanor B. McFarlane, widow of one John E. McFarlane, whose coexecutor, David J. Kulick, is a party defendant, pursuant to section 288 of the Civil Practice Act, as a witness in the action.

This is a negligence action brought by the plaintiff against the defendants to recover damages sustained by her in a fall at 37 Linview Terrace, in the City of Buffalo, New York.

The moving papers show that John E. McFarlane, now deceased, had performed certain work in the vicinity of the accident, consisting of breaking up the old sidewalk and putting in a new sidewall?:; that…