Practice point: A certificate of acknowledgement attached to an instrument such as a deed raises a rebuttable presumption of due execution.
Students should note that if a deposition transcript is not sent to the deponent for review, pursuant to CPLR 3116(a), the transcript is inadmissible at trial.
Case: Moffett v. Gerardi, NY Slip Op 05990 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
