Legal Opinion

E. B. Metal Industries v. State

New York Court of Claims

Decided February 8, 1988No. Claim No. 72971Published

1Opinion of the Court

OPINION OF THE COURT

Edwin Margolis, J.

Claimant seeks an order compelling compliance with its demand for discovery and inspection dated July 7, 1987. The underlying action is for property damages resulting from flooding in the Town of Whitehall, New York, in May and June 1984. Claimant alleges that the flooding and consequent damage to its property was caused by the negligence of the State in the design, construction and operation of a temporary cofferdam on the Champlain Canal.

Only two of the demands contained in the original request remained in dispute as of the return date of this motion,…

2Cases cited23 opinions

  1. Kandel v. TocherAppellate Division of the Supreme Court of the State of New York · 1965
  2. Rosseau v. . BleauNew York Court of Appeals · 1892
  3. People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
  4. Landmark Insurance v. Beau Rivage Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Millen Industries, Inc. v. American Mutual Liability InsuranceAppellate Division of the Supreme Court of the State of New York · 1971

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