KING v. BROWN


72 Misc.2d 560 (1972)

Abraham King, Jr., et al., Respondents, v. James Brown, Appellant.

Supreme Court, Appellate Term, First Department.

December 7, 1972


Attorney(s) appearing for the Case

Henry Wolfman and James B. Reich for appellant. Abraham E. Freedman and Edward M. Katz for respondents.

QUINN, J. P., and LUPIANO, J., concur in Per Curiam opinion; MARKOWITZ, J., dissents in memorandum.


Per Curiam.

The trial court admitted into evidence, over defendant's objection based on subdivision (c) of CPLR 2309, the out-of-State depositions of plaintiffs' two physicians, despite the absence of the certificates authenticating the commissions of the notary public, on the ground that defendant had waived this technical objection by failing to advise plaintiffs of same during the intervening period of some four months from when defendant received copies...

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