Plaintiffs assert that the non-party witness, who is the sister of plaintiff Josephine Vera, is not in their control within the meaning of CPLR 3126. Fairness dictates that, having taken such position, plaintiffs not be allowed to maintain the option of simply producing the witness at trial to testify in their behalf if at a future time they should obtain control over her, without first allowing the defendants to complete her pre-trial deposition, which was terminated after...
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