LAJARA v. FARRELL LINES INC.


73 A.D.2d 859 (1980)

Ruben E. Lajara, Appellant, v. Farrell Lines Incorporated, Respondent

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

January 3, 1980


While we do not consider statements by these seamen, former employees, as statements by the defendant, we think Special Term did not abuse its discretion in directing the furnishing of these statements, particularly as the witnesses involved are merchant seamen who may not be readily available. Of course, fairness requires that such discretion should also be exercised in plaintiff's favor with respect to statements obtained by defendant, if the occasion...

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