In re the Accounting of Cole

Samuel Faile, S.

In this administrator’s accounting proceeding the attorneys for the Consul General of Italy have applied for the examination in his own behalf on written interrogatories of a national of Italy residing in or near Borne in order to establish a rejected claim for legal services alleged to have been rendered to decedent. The application is opposed on the ground that the testimony of such party is barred by section 347 of the Civil Practice Act; the proof of claim does not state facts sufficient to constitute a cause of action, and that the moving papers fail to establish the…