Hyperlawhypertext legal database Ramkison v. New York City Housing Authority 269 A.D.2d 256

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Ramkison v. New York City Housing Authority

269 A.D.2d 256 Court N.Y. App. Div. Decision date 2000-02-17 English

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p. 256
Joseph Ramkison, Appellant, v New York City Housing Authority et al., Respondents.
[702 NYS2d 825]

—Judgment, Supreme Court, New York County (Robert Whelan, J.), entered January 7, 1999, which, upon a jury verdict in defendants’ favor, dismissed the complaint in this action to recover for personal injuries, unanimously affirmed, without costs.

Plaintiffs application at trial to read the deposition of a nonparty witness into evidence was properly denied since plaintiff did not make the requisite diligent effort to procure the witness’s attendance (see, CPLR 3117 [a] [3] [iv]). Moreover, in light of the evidence considered by the jury, any error in the exclusion of the nonparty witness’s deposition testimony would have been harmless (see, Tannen v Long Is. R. R., 215 AD2d 745 ). Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.