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Unsigned Deposition Transcripts and Party Admission in Police Report Admissible as Evidence in Support of Summary Judgment Motion

In reversing the grant of summary judgment to the defendant in a vehicle accident case, the Second Department noted the unsigned deposition transcripts of both plaintiff and defendant were admissible for purposes of the motion.  The court also noted that a party admission included in a police report was admissible, while the hearsay report itself was not:

“[T]he failure to submit an affidavit by a person with knowledge of the facts is not necessarily fatal to a motion where . . . the moving party submits other proof, such as deposition testimony … . Here, the defendant’s certified deposition transcript, although unsigned, was admissible since it was his own testimony that he was proffering in support of his motion and, in effect, he adopted it as accurate … . In addition, the transcript of the plaintiff’s deposition testimony, which was unsigned, was also admissible for the purpose of the defendant’s motion, since the transcript was certified by the reporter and the plaintiff did not challenge its accuracy … .

With respect to the police accident report submitted by the defendant in support of his motion, it was not certified as a business record and thus constituted inadmissible hearsay (see CPLR 4518[a]…), except for that portion of the report which contained a party admission by the plaintiff that she did not have a recollection of the accident … . Gezelter v Pecora, 2015 NY Slip Op 05440, 2nd Dept 6-24-15

 

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