
    Allen Kaufman, Appellant, v. City of New York et al., Respondents.
    Supreiae Court, Appellate Term, First Department,
    April 12, 1962.
    
      
      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.
   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 testimony on interrogatories and the denial of the motion, therefore, was an improvident exercise of discretion.

The order should be reversed, with $10 costs, and motion granted.

Concur — Hofstadter, J. P., Gold and Capozzoli, JJ.

Order reversed, etc.  