Franzese v. Tanger Factory Outlet Centers, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an order dated May 18, 2010, the Supreme Court denied the defendant’s motion for summary judgment dismissing the complaint with leave to renew “upon the submission of proper papers.” In support of its renewed motion for summary judgment dismissing the complaint, the defendant submitted, inter alia, the unsigned deposition testimony of one of its former employees. The defendant also submitted three letters sent to that deponent requesting that the deponent sign the forwarded deposition and return it to the defendant. In addition, the defendant submitted an affidavit from an individual…
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