MATTER OF CIRAOLO


37 A.D.3d 461 (2007)

829 N.Y.S.2d 611

In the Matter of DAVID J. CIRAOLO, Appellant. WHITEY PRODUCE CO., INC., et al., Respondents.

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

Decided February 6, 2007.


Ordered that the order is affirmed, with costs.

The appellant argues that the Surrogate's Court erroneously precluded the admission into evidence of the partial deposition testimony of Charles J. Ciraolo, Sr., who died prior to the completion of his deposition and before cross-examination. The appellant further contends that portions of the deposition testimony constituted "admissions" by Ciraolo, Sr. The appellant claims that had such deposition testimony been admitted...

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