Court: Supreme Court of New York, Appellate Division, First Department
In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed.
First, on appeal Kaiser argued that the trial court should not have permitted plaintiff to admit the videotaped de bene esse deposition of plaintiff’s decedent Munir Seen into evidence because Kaiser was not a party to the action when that event occurred. …
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