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MAGUIRE v. ANO

70 Misc.2d 1071 (1972)

Michael W. Maguire, an Infant, by William S. Maguire, His Father and Natural Guardian, et al., Plaintiffs, v. Raymond T. Ano et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 7, 1972

Attorney(s) appearing for the Case

E. Lawrence Brass for plaintiffs. MacIntyre, Burke, Smith & Curry for Raymond T. Ano, defendant. Sullivan & Sullivan for Town of Oswego, defendant.

BERNARD F. McCAFFREY, J.

This motion involves the unusual situation where the plaintiff is moving to compel the production of hospital records of the defendant.

The contention of the plaintiff is that he believes that, upon the trial of this action, the defendant will attempt to prove that the plaintiff, Michael W. Maguire, was guilty of contributory negligence in that he knowingly was a passenger in the Ano automobile while the defendant, Raymond...

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