Practice point: Under the "speaking authority" exception to the hearsay rule, an employee's comments can be binding on an employer if the plaintiff submits evidence in admissible form establishing that the employee's statement was made within the scope of the employee's authority to speak for the employer.
Student note: Interrogatory responses may be used by any party for the purpose of impeaching the credibility of a deponent as a witness, pursuant to CPLR 3117[a][1] and 3131.
Case: Dank v. Sears Holding Mgt. Corp., NY Slip Op 01648 (2d Dept. 2012).
Tomorrow’s issue: Sanctions.
