2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
R4517 - Prior testimony in a civil action.

 
    Rule  4517.  Prior  testimony  in  a  civil action. (a) Impeachment of
  witnesses; parties; unavailable witness. In a civil action, at the trial
  or upon the hearing of a motion or an interlocutory proceeding,  all  or
  any  part  of the testimony of a witness that was taken at a prior trial
  in the same action or at a prior trial involving  the  same  parties  or
  their  representatives  and arising from the same subject matter, so far
  as admissible under the rules of evidence, may  be  used  in  accordance
  with any of the following provisions:
    1.  any  such  testimony  may  be used by any party for the purpose of
  contradicting or impeaching the testimony of the same witness;
    2. the prior trial testimony of a party or of any  person  who  was  a
  party  when the testimony was given or of any person who at the time the
  testimony was given was  an  officer,  director,  member,  employee,  or
  managing  or authorized agent of a party, may be used for any purpose by
  any party who is  adversely  interested  when  the  prior  testimony  is
  offered in evidence;
    3.  the  prior  trial testimony of any person may be used by any party
  for any purpose against any other party, provided the court finds:
    (i) that the witness is dead; or
    (ii) that the witness is at a greater distance than one hundred  miles
  from  the  place of trial or is out of the state, unless it appears that
  the absence of the witness  was  procured  by  the  party  offering  the
  testimony; or
    (iii)  that the witness is unable to attend or testify because of age,
  sickness, infirmity, or imprisonment; or
    (iv) that the party offering the testimony has been unable to  procure
  the attendance of the witness by diligent efforts; or
    (v)  upon  motion on notice, that such exceptional circumstances exist
  as to make its use desirable, in the interest of justice  and  with  due
  regard to the importance of presenting the testimony of witnesses orally
  in open court;
    4.  the  prior  trial  testimony  of  a  person authorized to practice
  medicine may be used by any  party  without  the  necessity  of  showing
  unavailability  or  special  circumstances  subject  to the right of any
  party to move for preclusion upon the ground that admission of the prior
  testimony would be prejudicial under the circumstances.
    (b) Use of part of the prior trial testimony of  a  witness.  If  only
  part of the prior trial testimony of a witness is read at the trial by a
  party, any other party may read any other part of the prior testimony of
  that  witness that ought in fairness to be considered in connection with
  the part read.
    (c) Substitution of parties; prior actions.  Substitution  of  parties
  does not affect the right to use testimony previously taken at trial.