Legal Opinion

In re Davis

New York Court of Claims

Decided July 24, 1998PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John P. Lane, J.

This is an application by John E. Ballow, Esq. on behalf of Charles H. Davis, an inmate at Attica Correctional Facility, for an order authorizing a deposition to preserve the testimony of Mr. Davis. Mr. Ballow has taken this action at the request of *66the sister and brother of Davis, who is allegedly suffering from terminal cancer.

Disclosure before an action is commenced may be obtained by order to (i) aid in bringing an action; (ii) preserve information; or (iii) aid in arbitration. (CPLR 3102 [c].) When seeking discovery to aid in bringing an action, a…

2Cases cited9 opinions

  1. Stewart v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re Houlihan-ParnesAppellate Division of the Supreme Court of the State of New York · 1977
  3. Emmrich v. Technology for Information Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Heller v. StateNew York Court of Claims · 1968
  5. Manufacturers & Traders Trust Co. v. BonnerAppellate Division of the Supreme Court of the State of New York · 1981

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3Cited by1 opinion

  1. In re WittmanNew York Supreme Court · 2008

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