Hultberg v. Carey

Kaplan, Mitchell H., J.

This action was tried to the court, jury waived, on October 14 and 15, 2009. The record remained open thereafter at the plaintiffs request that she be permitted to take the deposition of a non-party witness, Alan Mason, who was then incarcerated in a federal prison, and introduce the transcript. The transcript of that deposition has been filed with the court, received in evidence, and the record closed. In consideration of the testimony, both live and by deposition transcript, exhibits admitted into evidence, and the pretrial and post-trial submissions of counsel, the…