Legal Opinion

Newstad v. State

New York Court of Claims

Decided November 20, 1981No. Claim No. 65045PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard M. Weisberg, J.

This is a claim for wrongful death and negligence in the care, treatment and supervision of claimant’s decedent at a psychiatric facility allegedly owned or operated by defendant State of New York.

The claimant moves for an order directing the defendant to appear at an examination before trial, asserting that such examination is “essential to the continued prosecution of this claim.” The defendant, in partial opposition, argues that the claimant’s papers lack the requisite proof of materiality and necessity. The issue raised involves the standard of…

2Cases cited10 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Sinhogar v. ParryNew York Court of Appeals · 1981
  3. Groben v. Travelers Indemnity Co.New York Supreme Court · 1965
  4. Baxter v. OransAppellate Division of the Supreme Court of the State of New York · 1978
  5. Redmond v. StateAppellate Division of the Supreme Court of the State of New York · 1954

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Country-Wide Insurance v. New York State Thruway AuthorityNew York Court of Claims · 1982
  2. Tavormina v. StateNew York Court of Claims · 1984
  3. Weiser v. StateNew York Court of Claims · 1984

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