Di Laura v. State

The order for examination and production was granted pursuant to the provisions of subdivision 2 of section 17 of the Court of Claims Act and section 296 of the Civil Practice Act. While section 296 of the Civil Practice Act may be held to implement section 17 of the Court of Claims Act (Buchalter v. State of New York, 172 Misc. 420; Dunbar & Sullivan Dredging Co. v. State of New York, 174 Misc. 743), there is no statutory authority by which the claimant may avail himself of the provisions of section 324 of the Civil Practice Act. In this case it is sought to examine certain State officers…