Berkowitz v. City of Long Beach

This motion seeks production of statements given an investigator for the city by the'infant claimant and her mother and the stay of an examination pursuant to section 50-h of the General Municipal Law until those statements have been produced. The present salutary policy is to require that a statement of a party be produced (Levey v. Hemme, 7 A D 2d 646; Totoritus v. Stefan, 6 A D 2d 123). The procedural device through which that policy is accomplished is discovery. Unfortunately for claimants herein their claim is against a municipality and there exists no procedure whereby the statements…