Lapensky v. Gordon

Plaintiff seeks to perpetuate her own testimony. She has served a notice to take her own deposition which defendant here moves to vacate. Plaintiff cross-moves for leave to take such deposition, claiming that she is 72 years of age, was very seriously injured in the accident which is the basis of this action, and that she wants to protect her rights in the event she does not survive the trial.

Admittedly, section 288 of the Civil Practice Act made specific provisions for the perpetuation of testimony, to wit: ‘ ‘ Any party to an action in a court of record may cause to be taken by deposition,…