MILLER v. DAUB


128 Misc.2d 1060 (1985)

Edward Miller et al., Plaintiffs, v. Herbert Daub et al., Defendants.

Civil Court of the City of New York, New York County.

July 29, 1985


Attorney(s) appearing for the Case

Moore, Wohl & Newman, P. C. (Louis I. Newman of counsel), for plaintiff. Juron & Minzner, P. C. (Albert Juron of counsel), for Herbert Daub and another, defendants. Silverberg, Stonehill & Goldsmith, P. C., for A Touch of Class, Inc., defendant.


DAVID B. SAXE, J.

In this case, concerning the enforceability of an oral agreement to form a partnership, the question arose whether the deposition of a nonparty witness could be read into evidence where that witness refused to appear in court to testify despite a court order to do so.

The facts are these: Abraham Padrusch, a nonparty witness, was deposed by the plaintiffs. Then, during the trial, Padrusch was subpoenaed by the plaintiffs to testify...

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