Legal Opinion

Cheathem v. Ostrow

Appellate Division of the Supreme Court of the State of New York

Decided November 21, 2012Published

1Opinion of the Court

In an action, inter alia, to recover damages for sexual harassment, the defendants appeal from a judgment of the Supreme Court, Orange County (McGuirk, J.), dated March 27, 2009, which, upon a jury verdict, is in favor of the plaintiff and against them in the principal sum of $25,000.

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 NY2d 636, 640 [1980]). Additionally, CPLR 4515 permits the introduction of a prior inconsistent statement sworn or subscribed by the witness for…

2Cases cited2 opinions

  1. Feldsberg v. NitschkeNew York Court of Appeals · 1980
  2. Dank v. Sears Holding Management Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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