RACIOPPA v. HANSON


30 Misc.2d 565 (1961)

Nicholas Racioppa, Plaintiff, v. Albert Hanson et al., Defendants.

Supreme Court, Oneida County.

July 26, 1961


Attorney(s) appearing for the Case

Vincent J. Rossi for plaintiff. Bartle Gorman for Albert Hanson, defendant. John Liddy for Utica Transit Corp., defendant. J. Leo Coupe for St. Elizabeth's Hospital.


J. ROBERT LYNCH, J.

This is a motion to quash a subpœna duces tecum served by the defendant-respondent on the plaintiff-petitioner's hospital. Plaintiff is in the process of being examined before trial in his personal injury action. The respondent says that his testimony as to his injuries is so fantastic as to be incredible and that the hospital records are to be used solely for the purpose of refreshing his recollection. The plaintiff says that...

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