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BOGERT v. HERRICK

19 A.D.2d 681 (1963)

H. Earl Bogert, Appellant, v. Philip R. Herrick et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1963

The only issue is whether the Binghamton City Court has power to order the examination of a party before trial. Section 288 of the Civil Practice Act authorizes such an examination of "Any party to an action in a court of record". Appellant contends that inasmuch as the Binghamton City Court is not a court of record the words "in a court of record" contained in section 288 render the section wholly inapplicable to the Binghamton...

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