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FANEK v. CITY OF YONKERS

287 A.D.2d 683 (2001)

732 N.Y.S.2d 99

HALA FANEK et al., Appellants, v. CITY OF YONKERS, Respondent.

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

Decided October 29, 2001.

Ordered that the judgment is affirmed, with costs.

The plaintiffs contend that the Supreme Court erred in refusing to permit them to use the deposition testimony of the defendant's employee to establish a foundation for the admission of a certain report as a business record. Although we agree that the Supreme Court improvidently exercised its discretion in excluding the deposition testimony which was admissible pursuant to CPLR 3117 (a) (2) (see, Lagana v French...

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