Legal Opinion
Mack v. President & Trustees of the School Board of Briarcliff Manor
New York Supreme Court
Decided March 9, 1939PublishedCited by 4 opinions
1Opinion of the CourtNolan, J.
Plaintiff seeks to examine the defendants Board of Education, School District No. 2, Towns of Ossining and Mount Pleasant and the Village of Briarcliff Manor, as adverse parties before trial pursuant to the provisions of sections 288 and 289 of the Civil Practice Act. It has been frequently held that municipal corporations are not subject to such examination. (Davidson v. City of New York, 221 N. Y. 487; Bush Terminal Co. v. City of New York, 259 id. 509; Uvalde Asphalt Paving Co. v. City of New York, 149 App. Div. 491; Cooper v. Village of Brockport, 246 id. 571.) The defendant board of…
2Cases cited7 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Jewish Hospital v. DoeAppellate Division of the Supreme Court of the State of New York · 1937
- Davidson v. . the City of New YorkNew York Court of Appeals · 1917
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Yellow Pine Co. v. Board of EducationNew York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. City of SchenectadyNew York Supreme Court · 1946
- Rucker v. Board of EducationNew York Supreme Court · 1939
- Eugene B. v. Great Neck Union Free School DistrictDistrict Court, E.D. New York · 1986
- Wodetzky v. Board of EducationCity of New York Municipal Court · 1939