Opinion

Toal v. Staten Island University Hospital

  • 300 A.D.2d 592
  • 752 N.Y.S.2d 372
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 23, 2002
Status
Published
Author
McGinity
On the bench
McGinity
Cited by
13 cases
Authority
More cited than 77.7%

The opinion

—In a proceeding pursuant to CPLR 3102 (c) to obtain disclosure to aid in bringing an action, the petitioners appeal from an order of the Supreme Court, Richmond County (Ponterio, J.), dated August 20, 2001, which denied the petition and dismissed the proceeding.

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 AD2d 939 ). Accordingly, the Supreme Court should have granted the petition. Altman, J.P., S. Miller, Schmidt and Rivera, JJ., concur.

McGinity, J.,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.