McGUIGAN v. CARILLO


150 Misc.2d 881 (1991)

James F. McGuigan et al., Plaintiffs, v. Fred J. Carillo et al., Defendants.

Supreme Court, Queens County.

December 12, 1991


Attorney(s) appearing for the Case

Deitsch, Goldberg & Marin (Steven H. Beldock of counsel), for plaintiffs. Cacciatore & Delessio (V. Roy Cacciatore of counsel), for Frank Carrano and others, defendants. John S. Franchina (John F. Hastings of counsel), for A. Wachsberger Roofing & Sheet Metal Works, Inc., defendant.


ARTHUR W. LONSCHEIN, J.

During the trial of this action, the attorney for the plaintiffs sought to read the deposition of the plaintiff which was taken by the defendant as an adverse party to the plaintiff. The plaintiff himself is presently in the State of Florida, and is not infirm, imprisoned, ill or unable to attend the trial because of age. Instead, according to his lawyer, he has no interest in this...

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