KAPLAN v. KAPLAN


31 N.Y.2d 63 (1972)

Harold I. Kaplan, Plaintiff, v. Helen S. Kaplan et al., Defendants. Helen S. Kaplan, Respondent; State of New York, Department of Health, Narcotic Control Bureau, Appellant, et al., Plaintiff.

Court of Appeals of the State of New York.

Decided July 6, 1972.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (A. Seth Greenwald and Samuel A. Hirshowitz of counsel), for appellant.

Ephraim London and Bonnie P. Winawer for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.


GIBSON, J.

The issue for determination was tendered by the refusal of appellant, the State Department of Health, to produce certain documentary evidence for use in a slander action to which it is not a party. The evidence is sought in support of the defense of truth pleaded in the action.

The slander complained of included statements allegedly made by defendants, both of whom are physicians, that plaintiff...

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