Spigel v. Gonzalez

*565OPINION OF THE COURT

George M. Heymann, J.

In this holdover proceeding, counsel for the respondent, Maria Gonzalez, moves this court pursuant to CPLR 3117 (a) (3) (iii) to have her deposition, taken on April 9, 2004, read in its entirety or in part into the trial record in lieu of having her testify in person.

In support of the motion, counsel submits an affirmation from the respondent’s physician which sets forth five conditions that the 75-year-old tenant suffers from and concludes that “[d]ue to these impairments, their symptoms and the health risks, traveling to court and providing testimony…