Legal Opinion

Nedball v. Tellefsen

New York Supreme Court

Decided January 14, 1980PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Arthur W. Lonschein, J.

May a party at the trial of an action read into evidence the *590deposition of one who was an adverse party at the time of the taking of the deposition but who, at the time of the trial, is no longer a party because of the voluntary discontinuance by the party who seeks to read from his deposition?

The plaintiff was a passenger in a taxicab driven by one Petsiavis, which struck a truck driven by the defendant Tellefsen. Plaintiff thereafter commenced this action against both Petsiavis and Tellefsen to recover for her injuries. Prior to trial and pursuant…

2Cases cited2 opinions

  1. Richard v. New York City Transit AuthorityAppellate Terms of the Supreme Court of New York · 1965
  2. Rajcic v. SissonAppellate Division of the Supreme Court of the State of New York · 1972

3Cited by8 opinions

  1. Brown v. Daniel Realty Co.Court of Appeals of Maryland · 2009
  2. State University Construction Fund v. Kipphut & Neuman Co.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Iheme v. SimmonsCivil Court of the City of New York · 1990
  4. Brown v. Daniel Realty Co.Court of Appeals of Maryland · 2009
  5. Marte v. SpeakerAppellate Division of the Supreme Court of the State of New York · 2000

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