Legal Opinion

In re Jones

New York Court of Claims

Decided July 31, 1957No. Motion No. M-4366PublishedCited by 1 opinion

1Opinion of the CourtAlexander Del Giorno, J.

This is a motion in the nature of discovery and inspection for an order compelling the New York Training School for Boys, Warwick, New York, to produce all medical records concerning treatment rendered to the infant herein.

The claimant does not say that she is without knowledge as to whether she has a cause of action against the State. In that event the motion would be denied, because under section 295 of the Civil Practice Act parties may not be examined before the commencement of an action to determine if facts exist to create a cause of action (Lindquist v. Spencer & Son Corp., 65 N. Y. S.…

2Cases cited1 opinion

  1. Dunbar & Sullivan Dredging Co. v. StateNew York Court of Claims · 1940

3Cited by1 opinion

  1. In re TreichelNew York Supreme Court · 1960

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