Smith v. State

OPINION OF THE COURT

Harvey, J.

On October 16, 1987, plaintiff’s decedent, while a patient at Binghamton Psychiatric Center (hereinafter the Center) in Broome County, fell from a fourth floor laundry room window. Decedent died four days later. Claimant thereafter brought suit alleging, among other things, that defendant was negligent in securing the building and supervising decedent. Following joinder of issue, the parties exchanged discovery demands and replies which included claimant’s demand pursuant to CPLR 3120 for production and inspection of certain documents. To such demand, the State…