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MATTER OF SCHAICH

55 A.D.2d 914 (1977)

In the Matter of The Estate of Louise A. Schaich, Deceased. Patrick Beary, Appellant; Margaret Verbel et al., Respondents

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

January 17, 1977

Orders affirmed, without costs or disbursements.

The Surrogate should have allowed into evidence the testimony given by respondent Margaret Verbel at the examination before trial. She was a party to the proceeding, and, as such, her deposition may be used for any purpose by an adverse party (CPLR 3117, subd [a], par 2; Wojtas v Fifth Ave. Coach Corp., 23 A.D.2d 685). However, there is no indication that any of the...

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