Dale Factors Corp. v. Jay Kay Metal Specialties Corp.

William C. Hecht, Jr., J.

Plaintiff seeks to compel defendant to sign the transcript of his oral deposition under oath. Defendant attacks the validity of the entire examination on the ground that the deposition was taken before the attorney for plaintiff in violation of CPLR 3113, subd. (a). Defendant is mistaken, in that the officer before whom the deposition was taken was the Clerk of Special Term Part II. Said officer did not attend at the taking of testimony, as contemplated by CPLR 3113, and the plaintiff’s attorney recorded the testimony of defendant in longhand. This practice, though…