New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 202 - Uniform Civil Rules for the Supreme Court and the County Court
Section 202.70 - Rules of the Commercial Division of the Supreme Court
Rule 202.70.32-a - Direct Testimony by Affidavit

The court may require that direct testimony of a party's own witness in a non-jury trial or evidentiary hearing shall be submitted in affidavit form, provided, however, that the court may not require the submission of a direct testimony affidavit from a witness who is not under the control of the party offering the testimony. The submission of direct testimony in affidavit form shall not affect any right to conduct cross- examination or re-direct examination of the witness.