DE CURTIS v. ST. LUCY'S ROMAN CATHOLIC CHURCH


33 A.D.2d 997 (1970)

Victor De Curtis et al., as Coexecutors of Anastasia De Curtis, Deceased, Respondents, v. St. Lucy's Roman Catholic Church, Appellant

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

February 2, 1970


Order entered March 7, 1969, which, so far as appealed from, directed defendant to deliver the signed, original transcript of a witness' deposition unanimously modified on the law and the facts, to permit delivery of the unsigned deposition of the witness, which deposition, in accordance with defendant's concession on argument of the appeal, may be used on the trial with the same force and effect as if signed and executed by the witness, upon condition, however, that defendant...

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