KLEVENS CONSTR CO v. ST OF NY


87 Misc.2d 108 (1976)

Klevens Construction Co., Inc., Claimant, v. State of New York, Defendant. (Claim No. 60032.)

Court of Claims.

May 12, 1976


Attorney(s) appearing for the Case

Berman, Paley, Goldstein & Berman (Alvin Goldstein of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Eric Kerness of counsel), for defendant.


FRANK S. ROSSETTI, J.

Defendant does not contest claimant's entitlement to the examination sought herein, but requests such examination be conditioned on defendant having its examination of claimant first.

The normal procedure for obtaining disclosure is for either party to merely serve a notice therefor on their adversary (see CPLR 3102, subd [b]; CPLR 3107). The only statute dealing with priority of...

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