Plaintiff's decedent was struck by a truck owned and driven by defendant Bevilacqua on September 19, 1985 and died as a result of her injuries one week later. Prior to filing a Note of Issue in this action, plaintiff deposed defendant Bevilacqua, but not any representative of his purported employer, defendant Borden, of which Wise Potato Chip is a division. Despite defendant Bevilacqua's cross-claim against Borden, at his deposition, he testified that, at the time of the...
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