Rule 3116. Signing deposition; physical preparation; copies
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.