As the law in New York currently stands, the answer is almost certainly not. As noted in our blog, New York's Appellate Division recently ruled that unless you are dealing with a situation whereby the Court is concerned about protecting an abused child from further trauma, public policy mandates that a party to a lawsuit be afforded the opportunity to confront - face-to-face an adverse witness at trial, because there is a fundamental belief that this process will most likely deter people from lying.
Jonathan Cooper
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Non-Compete, Trade Secret and School Negligence Lawyer