Legal Opinion

Schmiedel v. State

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1961PublishedCited by 1 opinion

1Opinion of the Court

Bastow, J. P.

The State appeals from that part of an order granting claimant the right to inspect and make photographs of a room in a State hospital wherein it is alleged claimant’s intestate met his death through the claimed negligence of the employees of the State. The sole issue presented is the authority of the court to grant such an inspection.

Prior to the enactment of the present Court of Claims Act (L. 1939, ch. 860) there was no authority for either an examination before trial by a claimant of officers or employees of the State or an inspection and discovery (Friedman v. State of New…

2Cases cited5 opinions

  1. Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940
  2. Friedman v. StateAppellate Division of the Supreme Court of the State of New York · 1937
  3. Maloney v. StateAppellate Division of the Supreme Court of the State of New York · 1953
  4. Friedman v. StateNew York Court of Claims · 1936
  5. Maloney v. StateNew York Court of Claims · 1953

3Cited by1 opinion

  1. First Church in Albany of Reformed Church in America v. StateNew York Court of Claims · 2002

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