New York Supreme Court March 9, 1939 (Mack v. President & Trustees of the School Board of Briarcliff Manor)

Nolan, J.

Plaintiff seeks to examine the defendants Board of Education, School District No. 2, Towns of Ossining and Mount Pleasant and the Village of Briarcliff Manor, as adverse parties before trial pursuant to the provisions of sections 288 and 289 of the Civil Practice Act. It has been frequently held that municipal corporations are not subject to such examination. (Davidson v.