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MARTINEZ v. TOP 99 DISCOUNT

3 Misc.3d 223 (2004)

776 N.Y.S.2d 176

TOMASA MARTINEZ, Plaintiff, v. TOP 99 DISCOUNT, Defendant.

Civil Court of the City of New York, Kings County.

February 9, 2004.

Attorney(s) appearing for the Case

Mallilo & Grossman, Flushing (Mark B. Hudoba of counsel), for plaintiff.

Isserlis & Sullivan, Bethpage (Christopher Amato of counsel), for defendant.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

During opening argument plaintiff's counsel objected to the reference by defendant's counsel to the deposition of a defendant who had been stipulated out of the action by plaintiff. Plaintiff's counsel based his objection on the fact that defendant had neither indicated that the former defendant was unavailable to testify nor that he would be called as a witness. The court reserved its decision on the objection...

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