Johnson, Drake & Piper, Inc. v. State

The claim involved in the instant motion is one for breach of contract arising out of a contract entered into between claimant and the State of New York dated July 20,1961 and known as Contract FIGE 61-1. The State has moved pursuant to the provisions of article 31 of the CPLR and, more particularly CPLR 3120 thereof, for an order granting discovery and inspection of a number of documents and records presently in the possession of the claimant. Claimant has raised a general objection to the entire motion on the ground that it is premature inasmuch as no oral depositions have as yet been…