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Callahan Heating Company, Inc. v. St. of New York

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1942
264 App. Div. 935 (N.Y. App. Div. 1942)

Opinion

July 1, 1942.

Appeal from Court of Claims.


The examination before trial was sought pursuant to the provisions of section 17 CTC of the Court of Claims Act. It is contended by appellant that the information sought by claimant is not information which is in possession of the State but rather information that is exclusively in the possession of claimant and hence it does not appear that the information is sought by claimant in good faith. Knowledge of the facts by the examining party is not a bar to an examination before trial. The order appealed from should be affirmed. Order affirmed, with ten dollars costs. Hill, P.J., Bliss, Heffernan and Schenck, JJ., concur; Crapser, J., dissents.


Summaries of

Callahan Heating Company, Inc. v. St. of New York

Appellate Division of the Supreme Court of New York, Third Department
Jul 1, 1942
264 App. Div. 935 (N.Y. App. Div. 1942)
Case details for

Callahan Heating Company, Inc. v. St. of New York

Case Details

Full title:CALLAHAN HEATING COMPANY, INC., Respondent, v. THE STATE OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 1, 1942

Citations

264 App. Div. 935 (N.Y. App. Div. 1942)