Thursday, October 20, 2011

Deposition transcripts.

Practice point: Pursuant to CPLR 3116(a), the transcript of the deposition of a deponent must be provided to the deponent for review and signature, and any changes in form or substance desired by the deponent shall be recorded.

Student note: If a deponent refuses or fails to sign the deposition under oath within 60 days, it may be used as if fully signed.

Case: Franzese v. Tanger Factory Outlet Ctrs., Inc., NY Slip Op 07200 (2d Dept. 2011).

Here is the decision.

Tomorrow’s issue: Requesting an admission.