Pryor v. St. Barnabas Hospital

Order, Supreme Court, Bronx County (Harold Tompkins, J.), entered February 3, 1988, which granted the motion of plaintiff-respondent for a protective order, unanimously reversed, on the law and the facts, and the motion denied, without costs.

The testimony of the infant plaintiff sought by defendants-appellants in this wrongful death action was both material and relevant to the issues in the case. There was no finding that the infant plaintiff, who was 15 years old at the time of his mother’s death, was incompetent, nor is he deemed incompetent as a matter of law (Tuohy v Gaudio, 87 AD2d 610,…