2019 New York Laws
CVP - Civil Practice Law and Rules
Article 45 - 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.