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Friedman v. State of New York

Court of Claims
Dec 16, 1936
161 Misc. 358 (N.Y. Ct. Cl. 1936)

Opinion

December 16, 1936.

Sachs Picket [ Morway Picket of counsel], for the claimant.

John J. Bennett, Jr., Attorney-General [ Darwin W. Telesford, Assistant Attorney-General, of counsel], for the defendant.


This is a motion made by claimant for an examination of witnesses before trial, and for an order permitting claimant to inspect and discover records and to make extracts therefrom, and to examine witnesses with respect thereto, and to inspect and discover and photograph the premises where the accident is alleged to have occurred.

There is no statutory authority for the examination, inspection or discovery sought by the claimant. The Court of Claims Act and Rules of the Court of Claims make no provision for such examination or discovery. The fact that plaintiff is a representative of a deceased, and brings this action in a representative capacity, does not afford him further or additional rights. ( Falco v. N.Y., N.H. H.R.R. Co., 161 A.D. 735, 738.) While the examination sought herein is of "witnesses," it is my opinion that the result would be the same as the examination of the State as a party; the examination would be of officers and employees of the State. ( Cooper v. Village of Brockport, 246 A.D. 571.)

Upon the authority of the case of Bush Terminal Co. v. City of New York ( 259 N.Y. 509), and the recent decision of the Court of Claims in Langdon v. State of New York ( 160 Misc. 946), the motion herein must be denied. Submit order accordingly.

BARRETT, P.J., concurs.


Summaries of

Friedman v. State of New York

Court of Claims
Dec 16, 1936
161 Misc. 358 (N.Y. Ct. Cl. 1936)
Case details for

Friedman v. State of New York

Case Details

Full title:SAMUEL FRIEDMAN, as Administrator, etc., of MORRIS FRIEDMAN, Deceased…

Court:Court of Claims

Date published: Dec 16, 1936

Citations

161 Misc. 358 (N.Y. Ct. Cl. 1936)
292 N.Y.S. 90

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