U.S. ICE CREAM CORP. v. CARVEL CORP.


190 A.D.2d 789 (1993)

U.S. Ice Cream Corp. et al., Appellants, v. Carvel Corporation, Respondent, et al., Defendants

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

February 16, 1993


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

As the Supreme Court noted, the plaintiffs concede that they have in their possession a copy of the transcript of a deposition taken in an action brought against the defendant Carvel Corporation by its former president. Moreover, because that action was settled before completion of the deposition, no corrected and signed copy of the deposition ever existed. Thus, Carvel Corporation cannot be...

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