Pursuant to CPLR 3117(a)(3)(iii), a witness's deposition may be read at trial if the court determines that the witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment. In exercising its discretion under the statute, the trial court may not act arbitrarily or deprive a litigant of a full opportunity to present its case.
244 Linwood One, LLC v. Tio Deli Grocery Corp., NY Slip Op 01072 (2d Dep't March 1, 2023)
