LOVITO v. CITY OF NEW YORK


72 A.D.2d 555 (1979)

Mary A. Lovito et al., Appellants, v. City of New York et al., Respondents

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

October 15, 1979


Order modified, by adding thereto a provision conditioning the relief to be afforded thereunder upon the further requirement that defendants stipulate, in writing, that the depositions to be taken in accordance with the order may be utilized at trial in the same manner and with the same effect as though the two doctors had remained in the defendants' employ (see CPLR 3117, subd [a], par 2). As so modified, order affirmed, with $50 costs and disbursements to plaintiffs.

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