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Unsigned Depositions Admissible

In ruling that both defendant’s and plaintiff’s unsigned deposition transcripts could be considered in slip and fall summary judgment motion, the Second Department wrote:

Contrary to the plaintiff’s contention, the Supreme Court properly considered the deposition transcripts submitted in support of the motion. The unsigned but certified deposition of the defendant was admissible under CPLR 3116(a), since the transcript was submitted by the party deponent himself and, therefore, was adopted as accurate by the deponent…. Additionally, in reply to the plaintiff’s opposition, the defendant submitted evidence which showed that the plaintiff’s certified deposition transcript had been submitted to her for review, but that she failed to sign and return it within 60 days. Thus, the plaintiff’s deposition transcript was properly used as fully as though it were signed…. Moreover, this evidence demonstrating the defendant’s compliance with CPLR 3116(a) was properly considered in reply because it was submitted in direct response to allegations raised for the first time in the plaintiff’s opposition papers…. David v Chong Sun Lee, 2013 NY Slip Op 03811, 2nd Dept, 5-29-13

 

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