RAMKISON v. NEW YORK CITY HOUSING AUTHORITY


269 A.D.2d 256 (2000)

702 N.Y.S.2d 825

JOSEPH RAMKISON, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 17, 2000.


Plaintiff's application at trial to read the deposition of a nonparty witness into evidence was properly denied since plaintiff did not make the requisite diligent effort to procure the witness's attendance (see, CPLR 3117 [a] [3] [iv]). Moreover, in light of the evidence considered by the jury, any error in the exclusion of the nonparty witness's deposition testimony would have been harmless (see, Tannen v Long Is. R. R., 215 A.D.2d 745

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