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CUSUMANO v. PITZER TRUCKING CO.

29 Misc.2d 919 (1961)

Louis Cusumano, Plaintiff, v. Pitzer Trucking Co. et al., Defendants.

Supreme Court, Trial Term, Kings County.

January 9, 1961

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg (Joseph J. Varon of counsel), for plaintiff. Reilly & Reilly for defendants.

MILTON M. WECHT, J.

Plaintiff tried this action for negligence against the defendant owner of a truck and the defendant Morgan, the driver.

After plaintiff rested, defendants produced no witnesses, but attempted to read the defendant Morgan's testimony, taken by the plaintiff at an examination before trial. Plaintiff objected to the reading of this testimony on several grounds: (1) that since the plaintiff...

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