Legal Opinion · Dissent

Beyer v. Keller

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1960Published

1DissentMcNally, J.

Involved is the power to compel the defendants-appellants to discover the signed statement of the mother of the infant plaintiff in an action for personal injuries.

*429In Urbina v. McLain (4 A D 2d 589), decided November 26, 1957, we denied the discovery of the statement of a witness holding that it did not relate to the merits of the action because the document sought to be inspected was not evidence. In Totoritus v. Stefan (6 A D 2d 123), decided July 1, 1958 by a divided court, this court affirmed an order directing the defendant to furnish copies of a statement made by the plaintiff to the…

2Cases cited13 opinions

  1. People Ex Rel. Lemon v. Supreme CourtNew York Court of Appeals · 1927
  2. McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
  3. Falco v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1914
  4. Ehrlich v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1937
  5. Naiman v. Niagara Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1954

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