Bradshaw v. Best

Plaintiff appeals from an order at Special Term which vacated a notice of examination before trial on the ground that the notice was defective insofar as it called for the taking of defendant’s testimony by an electronic recording device.

The propriety of recording pretrial testimony in this manner remains an open question in this department. The use of recording devices has, however, been approved in the First Department, by a divided court (Gotthelf v. Hillcrest Lbr. Co., 280 App. Div. 668), and, very recently, in the Second Department as well (Catapano v. Shapiro, 6 A D 2d 1054).

In our…