In re Davis
New York Court of Claims
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
- Stewart v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- In re Houlihan-ParnesAppellate Division of the Supreme Court of the State of New York · 1977
- Emmrich v. Technology for Information Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Heller v. StateNew York Court of Claims · 1968
- Manufacturers & Traders Trust Co. v. BonnerAppellate Division of the Supreme Court of the State of New York · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re WittmanNew York Supreme Court · 2008