NOVAS v. ZUCKERMAN

7201, 101518/05.

93 A.D.3d 585 (2012)

941 N.Y.S.2d 84

2012 NY Slip Op 2271

BEATO NOVAS, Appellant, v. JOSEPH D. ZUCKERMAN, M.D., Respondent, et al., Defendants.

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

Decided March 27, 2012.


CPLR 3117 (a) (2) provides that "so far as admissible under the rules of evidence," a party's deposition "may be used for any purpose by any party who was adversely affected when the deposition testimony was given or who is adversely interested when the deposition testimony is offered in evidence." However, although deposition testimony is generally admissible under CPLR 3117 (a) (2), that section does not constitute an "absolute and unqualified right to use the deposition...

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