Olsen v. City of New York

The city of New York raises a question as to whether section 292-a of the Civil Practice Act has application to the New York city department of sanitation. The section reads as follows:

“ § 292-a. Order for taking testimony of municipal corporation in certain cases. Where a cause of action is asserted against a municipal corporation arising out of the ownership^ operation or maintenance of a public utility by such municipal corporation or by such municipal corporation’s transferor or assignor, the court may, *100in its discretion, upon motion made upon notice, order that the testimony of one or…