Appellate Division of the Supreme Court of New York, 1934

McCutcheon v. Board of Education

McCutcheon v. Board of Education
Appellate Division of the Supreme Court of New York · Decided June 15, 1934
242 A.D. 659
McCutcheon v. Board of Education

Opinion of the Court

Order of the City Court of White Plains vacating notice of examination before trial reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; examination to proceed on five days’ notice. We are of opinion that the teacher whose testimony is to be taken is, in the circumstances disclosed, a person within the scope of section 289 of the Civil Practice Act. Lazansky, P. J., Young, Hagarty, Seuddar and Davis, JJ., concur.

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