Appeal from order denying plaintiff's motion to examine the defendant corporation under sections 288 and 289 of the Civil Practice Act in a negligence action. Order affirmed, with ten dollars costs and disbursements. A public corporation does not come within the language of sections 288 and 289 of the Civil Practice Act, and, therefore, is not subject to the provisions of those sections. ( Kasitch v. City of Albany, 283 N.Y. 622, decided May 21, 1940; Bush Terminal Co. v. City of New York, 259 id. 509; Davidson v. City of New York, 221 id. 487.) Lazansky, P.J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.