Ramkison v. New York City Housing Authority

269 A.D.2d 256, 702 N.Y.S.2d 825, 2000 N.Y. App. Div. LEXIS 1552

Opinion

—Judgment, Supreme Court, New York County (Robert Whelan, J.), entered January 7, 1999, which, upon a jury verdict in defendants’ favor, dismissed the complaint in this action to recover for personal injuries, unanimously affirmed, without costs.

Plaintiffs 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 AD2d 745). Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.