Davidson v. . the City of New York

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1916, which affirmed an order of Special Term granting a motion to vacate an order for the examination of the defendant before trial. The following question was certified: “Do the provisions of sections 872 and 873 of the Code of Civil Procedure apply to a municipal corporation as a party to an action ? ”