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GREENMAN v. 2451 BROADWAY MARKET, INC.

154861/14, 11287A, 11287.

181 A.D.3d 514 (2020)

122 N.Y.S.3d 1

2020 NY Slip Op 01962

Lester Greenman, Appellant, v. 2451 Broadway Market, Inc., et al., Respondents.

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

Decided March 19, 2020.

The trial court erred in permitting defendants to use the transcripts of plaintiff's and his nonparty wife's depositions at trial, since the transcripts had never been served upon plaintiff and his wife in accordance with CPLR 3116(a) (Li Xian v Tat Lee Supplies Co., Inc., 170 A.D.3d 538 [1st Dept 2019]; Ramirez v Willow Ridge Country Club, Inc., 84 A.D.3d 452 [1st Dept 2011]). Defendants used the transcripts extensively,...

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