New York Supreme Court March 10, 1952 (Kolenik v. Rudin)

Benjamin F. Schreiber, J.

Motion to vacate defendants’ notice of examination of plaintiff Agnes Kolenik is denied. The motion to vacate with respect to the infant plaintiff John W. Kolenik is disposed of as follows; The examination of the infant will be referred to an official referee to determine the infant’s mental capacity to comprehend the obligation of an oath.