ALLEN v. MINSKOFF


38 N.Y.2d 506 (1976)

Sydelle Allen, as Administratrix of The Estate of Clement H. Allen, Deceased, Appellant, v. Jerome Minskoff et al., Defendants, and Spider Staging Sales Co., Inc., Respondent. (And Other Actions.)

Court of Appeals of the State of New York.

Decided January 8, 1976.


Attorney(s) appearing for the Case

Thomas R. Newman and Benjamin H. Siff for appellant.

Saul Wilensky, Emile Z. Berman, A. Harold Frost and Sheila L. Birnbaum for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


JASEN, J.

The issue on this appeal is whether CPLR 3130 excludes the use of interrogatories in all wrongful death actions, regardless of the underlying theory of recovery pleaded.

Clement Heath Allen was a professional window washer, employed by the Apex Building Corporation. On March 23, 1972, Allen was at work at One Astor Plaza, a large office building located at 1515 Broadway, New York City. Allen...

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