Bogert v. Herrick

This is an appeal by the plaintiff from an order dated January 2, 1963 by the City Judge of the *908City Court of Binghamton directing an examination before trial of the plaintiff.

Appellant contends that section 288 of the Civil Practice Act does not apply to the Binghamton City Court Act and that the court had no jurisdiction to grant such an order. Section 288 provides, in part: “ Any party to an action in a court of record may cause to be taken by deposition, before trial, his own testimony or that of any other party which is material and necessary in the prosecution or defense of the action.”…