MATTER OF TRUSSELL v. KEW GARDENS SANITARIUM


45 Misc.2d 104 (1965)

In the Matter of Kew Gardens Sanitarium, Inc., et al., Petitioners, v. Ray E. Trussell, as Commissioner of Hospitals of the City of New York, Respondent, and Department of Social Welfare et al., Intervenors.

Supreme Court, Queens County.

January 6, 1965


Attorney(s) appearing for the Case

Curran, Mahoney, Felix & Stim (Menahem Stim and Allen S. Stim of counsel), for petitioners. Leo A. Larkin, Corporation Counsel (Murray Rudman of counsel), for respondent.


JAMES T. HALLINAN, J.

In this special proceeding, petitioners move under CPLR 3124 to compel disclosure.

Heretofore, petitioners served a notice to examine respondent, Commissioner of Hospitals. Respondent moved for a protective order and petitioners cross-moved for said examination. In the supporting affidavit on respondent's motion, respondent's counsel stated, inter alia, the following: "The notice of motion for the examination does...

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