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WACHTER v. PHILIPPE

70 A.D.2d 656 (1979)

Wayne Wachter et al., Respondents, v. Catherine Philippe, Also Known as Katherine Philippe, et al., Defendants, and New York Telephone Company, Appellant

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

May 28, 1979

Order reversed insofar as appealed from, without costs or disbursements, and said portion of the notice to take deposition is stricken.

The record reveals that codefendant Louis J. Belot, Jr., testified at his examination before trial on November 4, 1976 that he was an employee of the defendant telephone company at the time of the accident. However, he also testified that at the time he was involved in the accident with the Philippe vehicle, in which the infant plaintiffs...

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