Andoh v. Milano

—Judgment, Supreme Court, Bronx County (George Friedman, J.), entered April 7, 1999, which,, after a jury trial, awarded plaintiff the total sum of $343,741.81, unanimously affirmed, without costs.

In light of defense counsel’s admission that he chose not to have the transcript of a nonparty witness deposition in court when the deposed witness began his trial testimony, it was a proper exercise of the trial court’s inherent power to control the timing and order in which evidence was introduced (see, Feldsberg v Nitschke, 49 NY2d 636) to have declined to keep the witness, who at the time of the…