WOJTAS v. FIFTH AVE. COACH CORP.


23 A.D.2d 685 (1965)

Julia Wojtas et al., Appellants, v. Fifth Avenue Coach Corporation et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1965


Judgment affirmed, without costs.

The plaintiffs' sole contention on this appeal is that the Trial Justice committed prejudicial error in permitting defendants' trial counsel to read into evidence the pretrial deposition of the defendant bus driver (taken by the plaintiffs), although plaintiffs had not offered any part thereof at the trial (CPLR 3117, subd. [a], par. 2). It was in effect conceded by plaintiffs' counsel that, at the time of the trial and as a consequence...

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