CPLR R. 3116

Rule 3116. Signing deposition; physical preparation; copies

(a) Signing.

Ashif v Won Ok Lee, 2008 NY Slip Op 09936 (App. Div., 2nd)

Contrary to the contention of the third-party defendants Mohmmd
Chowdhury and Domenico Mancini (hereinafter the appellants), the
unsigned deposition transcript of the third-party defendant Rehmat
Khan, which Khan submitted in support of his motion for summary
judgment, and which was relied upon by the defendant third-party
plaintiff, Won Ok Lee, in opposition to the appellants' cross motion
for summary judgment, was admissible under CPLR 3116(a)
, since that
transcript was submitted by the party deponent himself and therefore
was adopted as accurate by Khan, as the deponent (cf. McDonald v Mauss, 38 AD3d 727; Pina v Flik Intl. Corp., 25 AD3d 772, 773; Scotto v Marra, 23 AD3d 543). Similarly, the MV-104 accident report prepared by Khan was properly [*2]considered as a party admission (see Fox v Tedesco, 15 AD3d 538; Castellano v Citation Cab Corp., 35 AD2d 842).

The bold is mine.

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