City of New York v. Velmachos

This is an application by the city of New York to vacate defendant’s notice of examination before trial, on the ground that such examination of a municipal corporation is unauthorized by the statutes. The action is brought on a surety bond for the faithful performance of a contract by defendant Velmachos under which a permit was granted to him to conduct a stand in front of the passenger entrance to the Fort Lee ferry house. As a defense it is alleged that after the defendant took possession, the plaintiff caused the entrances and exits to the ferry houses to be moved *178north so that traffic…