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SADHWANI v. NEW YORK CITY TRANSIT AUTHORITY

1087, 116533/06.

66 A.D.3d 405 (2009)

890 N.Y.S.2d 458

2009 NY Slip Op 6771

VEENA SADHWANI, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

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

Decided October 1, 2009.

Plaintiff was unavailable to testify due to memory loss. The trial court did not abuse its discretion in permitting plaintiff's attorney to read excerpts of her prior General Municipal Law § 50-h hearing and deposition testimony into evidence in lieu of her live testimony at trial (see generally Feldsberg v Nitschke, 49 N.Y.2d 636, 643 [1980]). CPLR 3117 (a) (3) (iii) permits the use of anyone's deposition "for any purpose against...

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