Legal Opinion

MacGowan v. State

New York Court of Claims

Decided November 24, 1950No. Claim No. 30327Published

1Opinion of the CourtLambiase, J.

This is a motion made by claimant for an order of this court directing that the State of New York be examined before trial through certain officers and employees, and that the State produce upon such examination before trial certain books, papers, and records, and for such other and further relief as to the court shall seem just and proper in the premises.

A study of the claim herein, as in all applications of this kind, is the prime requisite in determining the matters into which an examination before trial may probe. From the claim we may decide what facts must be proved at the trial in…

2Cases cited2 opinions

  1. Ziehm v. StateAppellate Division of the Supreme Court of the State of New York · 1946
  2. Wenzel v. StateCity of New York Municipal Court · 1942

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