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CAMPBELL v. PEELE

289 A.D.2d 141 (2001)

734 N.Y.S.2d 449

ALVIN CAMPBELL, et al., Appellants, v. DIANE PEELE et al., Respondents.

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

Decided December 20, 2001.

The motion was properly denied with a direction precluding the individual defendant from testifying at trial unless she appears for deposition at least 60 days prior to trial, in view of the individual defendant's apparent change of address and defense counsel's ongoing good faith efforts to locate her (see, Heyward v Benyarko, 82 A.D.2d 751

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