Legal Opinion
Rucker v. Board of Education
New York Court of Appeals
Decided December 31, 1940PublishedCited by 10 opinions
1Opinion of the CourtFinch, J.
The action is in negligence. Plaintiff moved in the action at Special Term for an examination before trial. Special Term denied the application. The Appellate Division reversed, granted the motion, and certified the following question to this court: “ Was the order of the Special Term denying the motion for an examination before trial properly made? ”
An examination before trial of a municipal corporation has been held by us not authorized under the provisions of the Civil Practice Act (§§ 288, 289). (Davidson v. City of New York, 221 N. Y. 487; Bush Terminal Co. v. City of New York, 259 N. Y.…
2Cases cited8 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- Davidson v. . the City of New YorkNew York Court of Appeals · 1917
- Lessin v. Board of EducationNew York Court of Appeals · 1928
- Bush Terminal Company v. City of New YorkNew York Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- In re the Estate of FaberNew York Court of Appeals · 1953
- Easley v. StateNew York Court of Claims · 1957
- People v. City of SchenectadyNew York Supreme Court · 1946
- City of Buffalo v. Hanna Furnace Corp.Appellate Division of the Supreme Court of the State of New York · 1952
5 more not listed; retrieve them via the Exa API.