Davidson v. City of New York — 175 A.D. 969

Majority

p. 969

First Department,

December, 1916.

Jacob Davidson and Others, Copartners, etc., Appellants, v. The City of New York, Respondent.

Headnote

Appeal from an order granting a motion to vacate an order for the examination of defendant.

The order appealed from is affirmed, with ten dollars costs and disbursements, upon the ground that the provisions of the Code^[1] with reference to examinations do not apply to municipal corporations. (See Uvalde Asphalt Paving Co. v. City of New York, 149 App. Div. 494 .) Present—Clarke, P. J., Laughlin, Dowling, Page and Davis, JJ. Order affirmed, with ten dollars costs and disbursements.

* See Code Civ. Proc. § 870 et seq.— [Rep.