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ROSENBERG v. GRACE

158 Misc.2d 32 (1993)

600 N.Y.S.2d 425

Jerome R. Rosenberg, Plaintiff, v. Lorraine G. Grace, as Executrix of Oliver R. Grace, Deceased, Defendant.

Supreme Court, New York County.

May 10, 1993

Attorney(s) appearing for the Case

Shea & Gould, New York City (Lauren J. Wachtler and Mary W. Richardson of counsel), for defendant. Alkalay Handler & Robbins, New York City (John Paul Robbins of counsel), for plaintiff.

HOWARD MILLER, J.

Motion by defendant to preclude plaintiff's pretrial deposition from being read at trial is granted.

Defendant moves to preclude plaintiff from utilizing his pretrial deposition on his case-in-chief at the trial of this action. Subsequent to the taking of the deposition, defendant (who was never deposed) died. It is plaintiff's position that the 1977 Second Department holding in

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