Practice point: In his post-deposition errata sheet, the injured plaintiff radically
changed much of his earlier testimony, with the vague explanation that
he had been "nervous" during his deposition. Since the injured plaintiff failed to offer an adequate reason
for materially altering the substance of his deposition testimony, the
altered testimony could not properly be considered in determining the
existence of a triable issue of fact as to whether a defect in, or the
inadequacy of, the ladder caused his fall.
Student note: CPLR 3116(a) provides that a "deposition shall be submitted to the
witness for examination and shall be read to or by him or her, and any
changes in form or substance which the witness desires to make shall be
entered at the end of the deposition with a statement of reasons given
by the witness for making them."
Case: Ashford v. Tannenhauser, NY Slip Op 05508 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Dismissal for failure to prosecute.
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