Court Allows Deposition of Deceased Plaintiff in Separate Action to Stand as Evidence

NEW YORK -- A New York Appellate court has allowed the deposition of a deceased plaintiff in another action to be used in a plaintiff's opposition to summary judgment, finding that the testimony offered facts and conditions which indicated a particular defendant's liability. In re: New York City Asbestos Litigation, 5523-5524 (N.Y. Sup. Ct.).

In a March 3 decision, the New York Appellate Division of the Supreme Court affirmed the denial of summary judgment to defendant Goodyear Tire & Rubber Co., opining that the testimony in question offered specific information relevant to the instant proceedings.

'In particular, it showed that …