URBINA v. McLAIN


4 A.D.2d 589 (1957)

Juanita Urbina, as Administratrix of The Estate of Margarita Urbina, Deceased, Respondent, v. Clark McLain et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 26, 1957.


Attorney(s) appearing for the Case

I. Sidney Worthman of counsel (Tropp & Steinbock, attorneys), for appellants.

Bernard Sternin of counsel (John M. Wilson and Harry A. Spiegelman with him on the brief; Allan Maurer, attorney), for respondent.

RABIN, J. P., FRANK, McNALLY and BERGAN, JJ., concur.


VALENTE, J.

In this case, Special Term granted plaintiff a discovery and inspection of a statement made to an investigator of defendant by plaintiff's 11-year-old daughter. Recognizing that the statement was that of a witness, and not of a party, the court below rested its exercise of discretion on the close relationship of the witness to the deceased infant, the witness' tender age, special circumstances and the best interests of justice. We hold that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases