A. G. CONCRETE BREAKERS, INC. v. STATE


4 A.D.2d 739 (1957)

A. G. Concrete Breakers, Inc., Respondent, v. State of New York, Appellant. (Claim No. 33712.)

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

June 13, 1957


The Court of Claims Act (§ 17, subd. 2) provides that upon application of the claimant and proof that the examination of a witness is material and so necessary that claimant cannot possibly prepare for trial unless such an examination is had, and the interests of justice require the same, the court may permit the examination of such witness. Section 288 of the Civil Practice Act provides substantially that the testimony of any person, which is material and necessary...

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