FOLEY v. CITY OF NEW YORK


75 Misc.2d 664 (1973)

Josephine Foley, as Administratrix De Bonis Non of The Estate of George P. Foley, Deceased, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Bronx County.

January 2, 1973


Attorney(s) appearing for the Case

Shedler & Weiss (Stuart E. Levison of counsel), for plaintiff. Burton B. Roberts, District Attorney (Kay Simon Grossman and Jeffrey Philip Sinensky of counsel), for defendants.


SIDNEY H. ROSEN, J.

Plaintiff, by subpoena duces tecum, seeks the production of the Grand Jury minutes of Officer Alvarez, Officer Milmore, and the Medical Examiner before the Trial Judge in her civil action, with regard to the homicide of plaintiff's intestate. The reason given for the necessity of the production of these minutes is the possible impeachment of any of the above, who testified before the Grand Jury, and who may testify as defendants' witnesses...

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