Summary
In Kasitch v. City of Albany (283 N.Y. 622), where the city was charged with liability for alleged negligence, this court held that, despite the unavailability of any defense of governmental function, defendant was not subject to examination before trial under the provisions of the Civil Practice Act.
Summary of this case from Rucker v. Board of EducationOpinion
Argued April 19, 1940
Decided May 21, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Joseph J. Casey, Corporation Counsel ( George Myers of counsel), for appellant.
M. James Conboy for respondents.
Orders reversed and motion denied, with costs in all courts ( Bush Terminal Co. v. City of New York, 259 N.Y. 509; Davidson v. City of New York, 221 N.Y. 487), and question certified answered in the negative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.