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KAUFMAN v. CITY OF NEW YORK

35 Misc.2d 179 (1962)

Allen Kaufman, Appellant, v. City of New York et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 12, 1962

Attorney(s) appearing for the Case

David Bromberg for appellant. Leo A. Larkin, Corporation Counsel (Seymour B. Quel of counsel), for City of New York, respondent. George J. Conway and John J. Bradbury for Columbia Asphalt Corp., respondent.

Concur — HOFSTADTER, J. P., GOLD and CAPOZZOLI, JJ.

Per Curiam.

Though in terms section 101 of the Municipal Court Code relating to the issuance of a commission on written interrogatories refers to witnesses, it should not be construed so literally as to exclude a party. Section 15 and subdivision 4 of section 27 of the Municipal Court Code forbid such a narrow reading of the section. The plaintiff made out a proper case for the issuance of a commission to take his...

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