McGuigan v. Carillo

OPINION OF THE COURT

Arthur W. Lonschein, J.

During the trial of this action, the attorney for the plaintiffs *882sought to read the deposition of the plaintiff which was taken by the defendant as an adverse party to the plaintiff. The plaintiff himself is presently in the State of Florida, and is not infirm, imprisoned, ill or unable to attend the trial because of age. Instead, according to his lawyer, he has no interest in this lawsuit, is afraid of flying and cannot be inconvenienced because he runs a business in Florida, and for these reasons his deposition is sought to be read. The defendant…