Barry v. State

This is a motion for an order for an examination before trial of the State of New York, pursuant to CPLR 3102 et seq. and subdivision 2 of section 17 of the Court of Claims Act.

The claim is for personal injuries resulting from an assault upon the person of the deceased Q-eorge D. Hughes, an inmate of Rockland State Hospital, by another inmate of that hospital, on September 12, 1961. The said Hughes died on March 25, 1963.

In her moving papers, claimant has designated for examination nine individual employees and five groups of employees. The general rule, however, is that it is sufficient if…