Langdon v. State

New York State Court of Claims

Langdon v. State

160 Misc. 946, 290 N.Y.S. 948, 1936 N.Y. Misc. LEXIS 1448

CourtNew York Court of Claims

DecidedNovember 10, 1936

DocketClaim No. 24496

StatusPublished

Cited by4 cases

This text of 160 Misc. 946 (Langdon v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Langdon v. State, 160 Misc. 946, 290 N.Y.S. 948, 1936 N.Y. Misc. LEXIS 1448 (N.Y. Super. Ct. 1936).

Pincite

Opinion

Barrett, P. J.

This is a motion, under sections 288, 289 and following sections of the Civil Practice Act and title 15 of the Rules of Civil Practice, for examination of officers and employees of the Utica State Hospital before trial herein.

By section 14 of the Court of Claims Act it is provided that the Court of Claims may establish rules, regulate its practice, prescribe the form and method of procedure before it, vacate or modify judgments and grant new trials, “ and except as otherwise provided in said rules and regulations, or the Civil Practice Act, the practice shall be the same as in the Supreme Court.” There is no applicable rule of the Court of Claims, and the question is whether such examination is authorized by the Civil Practice Act. In Bush Terminal Co. v. City of New York (259 N. Y. 509) it was held that such provisions do not apply to a municipal corporation as a party. (See, also, Davidson v. City of New York, 221 N. Y. 487.) I can see no distinction between these cases and this claim in which the State is defendant. There being no express statutory authority for the examination, the motion must be denied. An order may be submitted accordingly.

Ryan, J., concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

Barrett, P. J.

This is a motion, under sections 288, 289 and following sections of the Civil Practice Act and title 15 of the Rules of Civil Practice, for examination of officers and employees of the Utica State Hospital before trial herein.

By section 14 of the Court of Claims Act it is provided that the Court of Claims may establish rules, regulate its practice, prescribe the form and method of procedure before it, vacate or modify judgments and grant new trials, “ and except as otherwise provided in said rules and regulations, or the Civil Practice Act, the practice shall be the same as in the Supreme Court.” There is no applicable rule of the Court of Claims, and the question is whether such examination is authorized by the Civil Practice Act. In Bush Terminal Co. v. City of New York (259 N. Y. 509) it was held that such provisions do not apply to a municipal corporation as a party. (See, also, Davidson v. City of New York, 221 N. Y. 487.) I can see no distinction between these cases and this claim in which the State is defendant. There being no express statutory authority for the examination, the motion must be denied. An order may be submitted accordingly.

Ryan, J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

160 Misc. 946, 290 N.Y.S. 948, 1936 N.Y. Misc. LEXIS 1448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langdon-v-state-nyclaimsct-1936.

Opinion

Related

Cite This Page — Counsel Stack