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NEDBALL v. TELLEFSEN

102 Misc.2d 589 (1980)

Maryann Nedball, Plaintiff, v. Stuart E. Tellefsen et al., Defendants.

Supreme Court, Trial Term, Queens County.

January 14, 1980.

Attorney(s) appearing for the Case

Morton & Pomerantz (Burton D. Pomerantz of counsel), for plaintiff. Benjamin Purvin and Abraham Shapiro for defendants.

ARTHUR W. LONSCHEIN, J.

May a party at the trial of an action read into evidence the deposition of one who was an adverse party at the time of the taking of the deposition but who, at the time of the trial, is no longer a party because of the voluntary discontinuance by the party who seeks to read from his deposition?

The plaintiff was a passenger in a taxicab driven by one Petsiavis, which struck...

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