# Toal v. Staten Island University Hospital

> Appellate Division of the Supreme Court of the State of New York · December 23, 2002 · 300 A.D.2d 592

URL: https://www.frixlaw.com/law-library/cases/6091281

## Case

- **Full name:** In the Matter of Kevin Toal v. Staten Island University Hospital
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 23, 2002
- **Citations:** 300 A.D.2d 592; 752 N.Y.S.2d 372
- **Precedential status:** Published
- **Opinion:** Opinion of the court by McGinity
- **Judges:** McGinity
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6091281

## Opinion text

—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.,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6091281. Public record. Not legal advice.