Liliane Feldsberg, as Administrators of the Estate of Eric M. Feldsberg v. James P. Nitschke

Summary

The New York Court of Appeals affirmed the Appellate Division's order denying plaintiffs' request to use the defendant's deposition after the defendant had been recalled for limited testimony. The court held that CPLR 3117 does not create an absolute right to use a deposition at any time and that the trial court's discretionary power to control evidence remains paramount. The court also affirmed the exclusion of expert testimony and a graphic overlay as proper exercises of discretion.