FELDSBERG v. NITSCHKE


66 A.D.2d 757 (1978)

Liliane Feldsberg et al., as Administrators of The Estate of Eric M. Feldsberg, Deceased, et al., Appellants, v. James P. Nitschke, Respondent

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

December 28, 1978


During the course of this proceeding in trial court, plaintiff called the defendant as his witness and examined him exhaustively, in the process utilizing defendant's pretrial deposition. Plaintiff completed his examination and the witness was excused. Later, plaintiff recalled the witness for the purpose of placing identifying marks on some photographs; then stated his intention to read portions of the defendant's deposition. The trial court ruled that inasmuch as plaintiff...

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