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Kiernan v. State of New York

Court of Claims
Apr 15, 1948
191 Misc. 505 (N.Y. Ct. Cl. 1948)

Opinion

April 15, 1948.

Max J. Nerbaum and Ora Copel for claimant.

Nathaniel L. Goldstein, Attorney-General ( Edward R. Murphy of counsel), for defendant.


Motion for an examination before trial of the State of New York is granted as to items A to I, inclusive. Item J, pertaining to the rules and regulations of the State institution promulgated to provide safeguards and prevent escapes of inmates, is allowed upon the authority of Wood v. American Locomotive Co. ( 250 A.D. 816 [3d Dept., 1937]), Slattery v. Parsons (17 N.Y.S.2d 6) and Perrone v. Pennsylvania R.R. Co. (136 F.2d 941). The rules and regulations, if any, may establish a standard of reasonable care, the violation of which could be found to amount to negligence. As to the rest of that item, the motion is denied; it is too broad and has been covered by the other items which are allowed herein.

The request for a discovery and inspection of books and records is denied. The State, however, is directed to produce at the time of the examination, all pertinent books and records pursuant to section 296 of the Civil Practice Act.

The examination herein shall be held at the Kings Park State Hospital on such date as counsel herein may agree otherwise the court shall fix the time in the order to be submitted herein.


Summaries of

Kiernan v. State of New York

Court of Claims
Apr 15, 1948
191 Misc. 505 (N.Y. Ct. Cl. 1948)
Case details for

Kiernan v. State of New York

Case Details

Full title:JOSEPH M. KIERNAN, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No…

Court:Court of Claims

Date published: Apr 15, 1948

Citations

191 Misc. 505 (N.Y. Ct. Cl. 1948)
78 N.Y.S.2d 412

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