Halpern v. Cavanaugh

Motion by the plaintiff to examine the defendants before trial by three engineers and an inspector and for the production of books and records relevant and material to the items of examination for use pursuant to section 296 of the Civil Practice Act.

Although the defendant Cavanaugh has been named a party defendant to this action, it is obvious from the complaint that he was named solely in his official capacity as commissioner of marine and aviation, one of the departments of the defendant the City of New York. Under these circumstances, the corporation counsel is correct in opposing…