Kolb v. County of Suffolk
District Court, E.D. New York
1Opinion of the Court
SHIRA A. SCHEINDLIN, United States Magistrate.
Defendant, County of Suffolk, moves to reargue an order of the court allowing plaintiff to introduce at trial the depositions of eight county employees in lieu of calling these witnesses to give live testimony.1 The order was based on Rule 801(d)(2)(D) which defines as “not hearsay” a statement offered against a party and made by his agent or servant “concerning a matter within the scope of his ... employment made during the existence of the relationship.”
Defendant concedes that the depositions of its eight employees are not hearsay as defined by…
2Cases cited18 opinions
- Barbara J. HENSON, Plaintiff-Appellant, v. CITY OF DUNDEE, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1982
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Fed. Sec. L. Rep. P 94,437 Hetty Fey v. Walston & Co., Inc., and Robert A. SpiraCourt of Appeals for the Seventh Circuit · 1974
- Zenith Radio Corp. v. Matsushita Electric Industrial Co.District Court, E.D. Pennsylvania · 1980
- Napier v. BossardCourt of Appeals for the Second Circuit · 1939
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3Cited by6 opinions
- Patsy's Italian Restaurant, Inc. v. BanasDistrict Court, E.D. New York · 2007
- Globe Savings Bank v. United StatesUnited States Court of Federal Claims · 2004
- In Re Hayes Lemmerz International, Inc.United States Bankruptcy Court, D. Delaware · 2006
- Long Island Savings Bank v. United StatesUnited States Court of Federal Claims · 2004
- Skins & Leather Co. v. Twin City Leather Co.District Court, N.D. New York · 2000
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