Opinion
May 18, 1945.
Crisona Murphy for plaintiff.
Ignatius M. Wilkinson, Corporation Counsel (William J. Fleming of counsel), for Kings County Hospital.
Motion to examine Kings County Hospital before trial, as a witness in this divorce action, denied. Aside from the fact that I do not deem the limited examination here sought necessary, in view of the defendant's attitude as evidenced by her "waiver" sworn to May 7, 1945, the institution sought to be examined by its superintendent is owned by a municipal corporation and operated by its Commissioner of Hospitals. I do not see how such a hospital can be examined before trial as a witness.
Formerly there was no authority to examine before trial either as a party or otherwise, any municipal corporation, its agencies, departments or employees. By section 292-a of the Civil Practice Act, as amended, authority to permit such an examination was granted "Where a public corporation is a party to an action, or an original owner of a claim * * *." (Italics supplied.) (See Hammel Station Estates v. City of New York, 184 Misc. 859.)
Here the City of New York, which owns the Kings County Hospital, is neither a party to this action nor the original owner of a claim. Hence there is no statutory authority for the examination. Settle order.