Novas v. Zuckerman

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered April 16, 2010, after a jury trial, in an *586action alleging medical malpractice, dismissing the complaint as against defendant Joseph D. Zuckerman, M.D., unanimously affirmed, without costs.

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…