Legal Opinion
Shell v. Kone Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2011PublishedCited by 5 opinions
1Opinion of the Court
*891Under CPLR 3116 (a), when the transcript of a witness’s deposition testimony is submitted for his or her examination, “any changes in form or substance which the witness desires to make shall be entered at the end of the deposition with a statement of the reasons given by the witness for making them.”
Here, the plaintiff made numerous, significant, substantive changes to her deposition testimony, taken in August 2007 and April 2010, on her errata sheet. However, the plaintiff did not provide a reason for any of those changes. Consequently, the Supreme Court should have granted that branch of…
2Cases cited4 opinions
- Cillo v. Resjefal Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Marzan v. PersaudAppellate Division of the Supreme Court of the State of New York · 2006
- Kelley v. Empire Roller Skating Rink, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Riley v. ISS International Service System, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Garcia-Rosales v. Bais Rochel ResortAppellate Division of the Supreme Court of the State of New York · 2012
- Ashford v. TannenhauserAppellate Division of the Supreme Court of the State of New York · 2013
- Torres v. Board of Educ. of City of N.Y.Appellate Division of the Supreme Court of the State of New York · 2016
- Ashford v. TannenhauserAppellate Division of the Supreme Court of the State of New York · 2013
- Garcia-Rosales v. Bais Rochel ResortAppellate Division of the Supreme Court of the State of New York · 2012