Opinion
2001-00839
Argued November 16, 2001.
December 3, 2001.
In an action to recover damages for personal injuries and wrongful death, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Joseph, J.), dated December 29, 2000, which, upon a jury verdict in favor of the defendants and against her, dismissed the complaint.
Ginsberg Broome, P.C., New York, N.Y. (Robert M. Ginsberg of counsel), for appellant.
Tricia Troy-Alden, Jamaica, N.Y. (Franklin W. Kronenberg of counsel), for respondent Long Island Railroad.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The plaintiff's decedent was a passenger on an eastbound Long Island Rail Road train. As part of the plaintiff's direct case, portions of the conductor's deposition testimony were read into evidence. Contrary to the plaintiff's contention, the defendants had the right, pursuant to CPLR 3117(b), to read into evidence "any other part of the deposition which ought in fairness to be considered in connection with the part read" (CPLR 3117[b]; see also, McGowan v. Kornos Taxi, 251 A.D.2d 466).
The plaintiff's remaining contentions are without merit.
O'BRIEN, J.P., FLORIO, SCHMIDT and SMITH, JJ., concur.