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SEARIGHT v. STATE

69 A.D.2d 927 (1979)

Morris Searight, Respondent, v. State of New York et al., Appellants. (Claim No. 61333.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 12, 1979

The Court of Claims directed the examination of a named employee of the State in this negligence action, Corrections Officer B. T. Pasino. This was error. The State has the initial right to select the person or persons whom it will submit for examination (Long Is. Coll. Hosp. v Whalen, 55 A.D.2d 792; Greenfield Constr. Co. v State of New York, 52 A.D.2d 734). The plaintiff did not show a...

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