CPLR § 2001 Mistakes, omissions, defects & irregularities
Mazzarelli v. 54 Plus Realty Corp., 2008 NY Slip Op 07219 (App. Div., 2nd)
The plaintiff’s
contention that the deposition transcript of the representative of the
defendant 54 Plus Realty Corp. (hereinafter the defendant) was in inadmissible
form and thus improperly considered by the motion court is without merit.
Although the defendant did not submit the complete transcript with its original
motion papers, the properly-certified and executed signature page of the
deposition transcript was submitted with its reply papers. The defendant
demonstrated that it forwarded the original signed transcript to the
plaintiff’s attorney approximately three months prior to moving for summary
judgment. Under these circumstances, the plaintiff was not prejudiced by the
omission of the signature page from the original motion papers, which was
properly disregarded by the Supreme Court (see
CPLR 2001).
Compare this decision with Tu v Loan Pricing Corp., 2008 NY Slip Op 51945(U) (Supreme Court, New York County), one post below.
All the bold is mine.
bruteforcelawyer.com 