2006 New York Code - Evidence As To Common Lands In The City Of New York

 
    §  351.  Evidence  as  to common lands in the city of New York. In any
  action or special proceeding involving a question as to the situs of any
  lot of the common lands, so-called, in the city of New York,  the  court
  may, upon the offer of any party, receive in evidence any evidence which
  was  received  in the action heretofore prosecuted in the superior court
  of the city of New York, by Russell  D.  Miner,  and  continued  by  the
  personal representatives of the same Russell D. Miner, deceased, against
  the  city  of  New  York, or in the action in such court between certain
  heirs at law of the same Russell D. Miner, deceased, and  Jacob  Scholle
  and  others,  and  also  the  deposition  of  Isaac T. Ludlam, deceased,
  verified before E. Henry Lacombe, as referee, upon the fourteenth day of
  November, eighteen hundred seventy-eight, in an action in such court  by
  Hester Sherman and others, against Thomas Kane and others; provided that
  the testimony of a witness shall not be admissible, under the provisions
  of  this  section  until  the  court  is satisfied that such witness has
  heretofore died; and provided further, that no provision of this section
  shall give to any documentary evidence introduced in connection with any
  former testimony any greater or different effect than may be due  to  it
  by  reason  of  the  testimony  relative  thereto.  Such evidence may be
  introduced in any mode established by the practice of the courts for the
  introduction of testimony given upon a former trial, by  a  witness  who
  has  since  died,  or  by  reading  from  the  printed  cases on appeal,
  heretofore filed in the office of the clerk of the superior court of the
  city of New York.