WALL STREET ASSOCIATES v. BRODSKY


295 A.D.2d 262 (2002)

744 N.Y.S.2d 378

WALL STREET ASSOCIATES, Respondent, v. EDWARD BRODSKY et al., Defendants, and BRUCE A. RICH et al., Appellants.

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

Decided June 25, 2002.


The deposition testimony was given by plaintiff's principal and described the allegedly negligent advice given by one of defendants, who died shortly after this deposition before his own deposition was taken. Since this deposition testimony may be central to the resolution of the action, the IAS court's ruling that it is not precluded by the Dead Man's Statute "affects a substantial right" of defendants, and, accordingly, is appealable

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