FRANKLIN v. STATE OF NEW YORK


201 Misc. 175 (1951)

Audrey L. Franklin, Claimant, v. State of New York, Defendant. (Claim No. 30509.) Kenneth E. Franklin, as Guardian ad Litem for Dennis E. Franklin, an Infant, Claimant, v. State of New York, Defendant. (Claim No. 30510.) Kenneth E. Franklin, as Administrator of The Estate of Dale A. Franklin, Deceased, an Infant, Claimant, v. State of New York, Defendant. (Claim No. 30511.) Kenneth E. Franklin, as Guardian ad Litem for Marlene R. Franklin, an Infant, Claimant, v. State of New York, Defendant. (Claim No. 30512.) Kenneth E. Franklin, Claimant, v. State of New York, Defendant. (Claim No. 30513.)

Court of Claims.

March 3, 1951.


Attorney(s) appearing for the Case

Charles P. McCabe for claimants.

Nathaniel L. Goldstein, Attorney-General (Frank M. Noonan of counsel), for defendant.


LAMBIASE, J.

This is a motion for an order (a) to examine the State of New York before trial pursuant to subdivision 2 of section 17 of the Court of Claims Act, (b) directing discovery and production under section 324 of the Civil Practice Act, and (c) for such other and further relief as to the court may seem just and proper in the premises.

Upon the return day of the motion the notice of motion was...

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