Martinez v. Top 99 Discount

OPINION OF THE COURT

Eileen N. Nadelson, J.

During opening argument plaintiffs counsel objected to the reference by defendant’s counsel to the deposition of a defendant who had been stipulated out of the action by plaintiff. Plaintiffs counsel based his objection on the fact that defendant had neither indicated that the former defendant was unavailable to testify nor that he would be called as a witness. The court reserved its decision on the objection and defendant’s *224counsel agreed to withhold mention of the subject deposition during his opening statements.

The use of depositions at trial are…