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HIRSCHMANN v. KAGGEN

142 A.D.2d 554 (1988)

Dorothy Hirschmann, as Administratrix of The Estate of Edward A. Connors, Deceased, Appellant, v. Elias Kaggen, Respondent

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

July 5, 1988

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances, we find that the Supreme Court did not improvidently exercise its discretion by precluding the trial testimony of Frank Grillo, a nonparty witness, unless the defendant was given the opportunity to examine the witness at least two weeks prior to jury selection (see, Rozakis v Tilo Co., 32 A.D.2d 930

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