FELDSBERG v. NITSCHKE


49 N.Y.2d 636 (1980)

Liliane Feldsberg et al., as Administrators of The Estate of Eric M. Feldsberg, Deceased, Appellants, v. James P. Nitschke, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 1980.


Attorney(s) appearing for the Case

Melvin Hirshowitz and Hyman Bravin for appellants.

Michael Majewski and Joseph D. Ahearn for respondent.

Judges JASEN, GABRIELLI and JONES concur with Chief Judge COOKE; Judge MEYER dissents and votes to reverse in a separate opinion in which Judges WACHTLER and FUCHSBERG concur.


Chief Judge COOKE.

After a trial in an action for wrongful death and conscious pain and suffering, the jury returned a verdict in favor of defendant. Seeking a new trial, plaintiffs challenge certain evidentiary rulings by the trial court. The primary question is whether CPLR 3117 (subd [a], par 2), which permits the use of an adverse party's deposition for any purpose, overrides in all instances a trial court...

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