Rucker v. Board of Education

Order denying plaintiffs’ motion for an examination before trial of defendant Board of Education reversed on the law, with ten doUars costs and disbursements, and motion granted, with ten doUars costs, the time and place for the examination to proceed to be fixed in the order to be entered *1092hereon. Authorities holding that municipal corporations are not subject to examination before trial (Davidson v. City of New York, 221 N. Y. 487; Bush Terminal Co. v. City of New York, 259 id. 509; Kasitch v. City of Albany, 283 id. 622, decided May 21, 1940) are not determinative of the question presented…