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MATTER OF TOAL v. STATEN ISLAND UNIVERSITY HOSPITAL

300 A.D.2d 592 (2002)

752 N.Y.S.2d 372

In the Matter of KEVIN TOAL et al., Appellants, v. STATEN ISLAND UNIVERSITY HOSPITAL, Respondent.

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

Decided December 23, 2002.

Ordered that the order is reversed, on the law, with costs, and the petition is granted.

In this case, the facts alleged by the petitioners state a cause of action and the discovery which they seek is limited to obtaining the identity of prospective defendants (see Matter of Stewart v New York City Tr. Auth., 112 A.D.2d 939). Accordingly, the Supreme Court should have granted the petition.

McGinity, J., dissents and...

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