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CHEATHEM v. OSTROW

2009-04453.

100 A.D.3d 819 (2012)

954 N.Y.S.2d 598

FELICIA CHEATHEM, Respondent, v. STEPHEN OSTROW et al., Appellants.

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

November 21, 2012.

Ordered that the judgment is affirmed, with costs.

CPLR 3117 permits the use of an adverse party's deposition for any purpose (see CPLR 3117; Feldsberg v Nitschke, 49 N.Y.2d 636, 640 [1980]). Additionally, CPLR 4515 permits the introduction of a prior inconsistent statement sworn or subscribed by the witness for purposes of impeachment (see CPLR 4515; Feldsberg v Nitschke, 49 NY2d at 644 n 2). However...

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