Iheme v. Simmons

In Iheme v. Simmons (148 Misc. 2d 223 [Civ Ct, Richmond County 1990]), the court permitted a party to introduce the deposition of a person who had never been a party to the action but who had sued the parties independently, had his case joined, and then settled out of the litigation. In permitting the use of the deposition, the court stated that at the time the deposition was taken the deponent met the twin criteria of the statute of being a party to the action and having an adverse interest to the proponent of the deposition.