Iheme v. Simmons

OPINION OF THE COURT

Alexander Graves, J.

I hereby find and decide that during the course of this trial, plaintiffs attorney proposed to read from the examination before trial of William Stotts. Since counsel was unable to establish that diligent efforts had been made to produce the attendance of Mr. Stotts at the trial, paragraph (3) of CPLR 3117 (a), allowing the use of the deposition of any person by any party for any purpose against any other party who had notice of the deposition, could not be utilized. Accordingly, *224application was made under CPLR 3117 (a) (2), which permits the use of the…