Conneway v. City of New York

MOSCOWITZ, District Judge.

This motion is made to examine the City of New York by its Commissioner of Docks or other employee having knowledge of the facts. The action is one to recover damages for death alleged to have resulted from personal injuries sustained by plaintiff’s intestate at the North Beach Airport.

The City opposes the examination on the ground that as a civil division of the sovereign State of New York, it is immune from examination before trial. In support of this contention, reference is made to the doctrine that a sovereign cannot be sued without its consent, and that…