Huttner v. State, 50519
| Decision Date | 22 May 1969 |
| Docket Number | No. 50519,50519 |
| Citation | 59 Misc.2d 831,300 N.Y.S.2d 409 |
| Parties | Mae Estersohn HUTTNER, as Administratrix of the Goods, Chattels and Credits of Gabriel Estersohn, Deceased, Claimant, v. The STATE of New York, Defendant. |
| Court | New York Court of Claims |
A motion was made by the claimant herein for an examination before trial of the State of New York together with limited discovery and inspection. We have considered the State's affidavit in opposition to the limited discovery and inspection requested in the moving papers; and, in opposition to an order from this Court which would open the original commitment proceedings which had been placed under seal by an order of the Greene County Court. We have also considered the oral argument of both counsel at the motion term.
Claimant's counsel by letter of April 25, 1969, directed to this Court, copy to the Assistant Attorney General, withdrew that portion of his moving papers which requested permission to inspect the sealed commitment records in the Green County Clerk's office.
The State is to produce for examination an employee with knowledge of the facts and circumstances surrounding the confinement of the decedent at the Wassaic State School, his mental condition, and the accident of November 12, 1968, which allegedly resulted in his death on or about November 28, 1968. If one employee cannot be found with the requisite knowledge to make this a meaningful examination before trial, the State is to produce such additional employees with knowledge sufficient to accomplish said result. The State is to produce all documents, books, and records pertaining to the above for use on said examination before trial in accordance with C.P.L.R. Rule 3111.
The State is to produce for examination an employee of the Hudson River State Hospital with knowledge of the decedent's condition, including his treatment, injuries, and conscious pain and suffering during the period, November 12, 1968--November 28, 1968, of his confinement to said State Hospital. The State is to produce all medical and hospital records covering the period of said confinement to the Hudson River State Hospital. The claimant shall be permitted to make a copy of decedent's hospital record for the period November 12, 1968 to November 28, 1968.
The State, in this motion and others that have been before us, appears to take the position that an examination before trial is a condition precedent to discovery and inspection. It constantly cites to us the decisions in Rios v. Donovan, 21 A.D.2d 409, 250 N.Y.S.2d 818; Albero v. State of New York, 25...
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Brady by Brady v. Wyeth Laboratories, Inc.
...3120:5, p. 519), provided, of course, that the items demanded are specified with reasonable particularity (id.; Huttner v. State of New York, 59 Misc.2d 831, 300 N.Y.S.2d 409). Here, the complaint charges that contaminated DPT manufactured by Wyeth caused plaintiffs' injuries. Hannan's disc......