New York Laws
Article 45 - Evidence
R4517 - Prior Testimony in a Civil Action.

(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.

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