Xerox Corp. v. Town of Webster
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion to allow full use of the 1987 deposition of former Town of Webster Assessor Margaret Kuhn. The parties stipulated in August 1987 that the deposition would not be copied or released to any persons except in furtherance of the proceedings underlying the stipulation. This action was not one of those proceedings. Thus, the court properly held that the deposition may be read by the parties and used to refresh Kuhn’s recollection but may not be used as evidence in this action.
We conclude that the…
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