Practice point: The Appellate Division determined that the Supreme Court providently exercised its discretion in denying that
branch of the plaintiffs' cross motion which was for a protective order
pursuant to CPLR 3103(a) preventing the infant plaintiff from being
deposed. Contrary to the plaintiffs'
contention, the court did not err in determining that the infant
plaintiff is competent to testify without conducting a preliminary
examination.
Student note: The Appellate Division agreed with the Supreme Court's
determination that, in light of the infant plaintiff's fragile condition, the
parties must work with their experts to put in place guidelines so as
to lessen the stress and trauma on the infant plaintiff during the deposition.
Case: Serrano v. Lutheran Social Servs. of Metro. N.Y., Inc., NY Slip Op 07491 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A fall on the ice.
