In State Univ. Constr. Fund v. Kipphut & Neuman Co. (159 A.D.2d 1003 [4th Dept 1990]), the Court did not permit the use of a former party's deposition in a situation in which the former party had settled the matter and, pursuant to the settlement, was held harmless by the proponent of the deposition. By the terms of that settlement the proponent had placed itself in the stead of the deponent, therefore obliterating any adverse interest between them.