King v. Brown

The trial court admitted into evidence, over defendant’s objection based on subdivision (c) of CPLR 2309, the out-of-State depositions of plaintiffs’ two physicians, despite the absence of the certificates authenticating the commissions of the notary public, on the ground that defendant had waived this technical objection by failing to advise plaintiffs of same during the intervening period of some four months from when defendant received copies of the depositions prior to tria). Defendant *561wished, to forbid the use of the,out-of-State depositions, and had available as a means to this end a…