OWENS v. SOKOL


65 A.D.2d 569 (1978)

Maureen E. Owens, as Executrix of William H. Owens, Deceased, Appellant-Respondent, v. E. Marvin Sokol et al., Respondents-Appellants

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

October 10, 1978


Order reversed, on the law, without costs or disbursements, and motions to suppress granted.

In an effort to perpetuate the testimony of the decedent a deposition was ordered. At the time of the deposition it was obvious that the decedent was in the last throes of cancer. After direct examination had been completed, and after one of the three participating codefendants had partially completed cross-examination, it was decided that the deposition should continue the...

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