June 11, 2022

CPLR 3116[a].

The rejection of a party's errata sheet for his deposition testimony does not render the errata sheet inadmissible. Here, the plaintiff's statement of the reasons for making the revisions was sufficient justification for the five minor changes that he made, which were consistent with other portions of his testimony. Accordingly, the weight to be afforded to the plaintiff's errata sheet and the effect on his credibility, if any, are issues to be assessed by the trier of fact.

Hernandez v. NY Prepaid Wireless LLC, NY Slip Op 03573 (1st Dep't June 2 2022)

Here is the decision.