Algonquin Gas Transmission Co. v. Schwartz

In this condemnation proceeding, we have here a motion by the defendant owners to examine the petitioning gas transmission company as an adverse party before trial. The petitioner-plain tiff contends firstly that pretrial examinations are not authorized nor properly to be allowed in condemnation proceedings. The court disagrees. It is settled *438that a condemnation proceeding is a special proceeding within the meaning of that term as generally used in the Civil Practice Act. (See King v. City of New York, 36 N. Y. 182, and Matter of Broadway & Seventh Ave. R. R. Co., 69 Hun 275.) And, we find in…