Majority
p. 659Margaret McCutcheon, an Infant, by Her Guardian ad Litem, Elizabeth McCutcheon, Appellant, v. The Board of Education of the City of White Plains, N. Y., Respondent. Elizabeth McCutcheon, Appellant, v. The Board of Education of the City of White Plains, N. Y., Respondent.
Order of the City Court of White Plains vacating notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; examination to proceed on five days’ notice. We are of opinion that the teacher whose testimony is to be taken is, in the circumstances disclosed, a person within the scope of section 289 of the Civil Practice Act. Lazansky, P. J., Young, Hagarty, Seuddar and Davis, JJ., concur.