Senior Associate Ryan Rayder Successfully Strikes Errata Sheet That Materially Changed The Plaintiff’s Testimony.

In this case from Bronx County, a plaintiff involved in a personal injury lawsuit stemming from a trip-and-fall incident at a construction site provided deposition testimony in which she expressed uncertainty regarding the circumstances of her accident and how she sustained her injuries.

Several months later, the plaintiff submitted an errata sheet that included significant modifications to her deposition statements. Following extensive motion practice, which included the preparation of an appeal to the Appellate Division, First Department, the Court concurred with Mr. Rayder's position that the plaintiff's proposed alterations to her deposition were beyond the scope allowed by CPLR 3116. By striking the errata sheet in its entirety, the Court supported Mr. Rayder’s assertion that the plaintiff's changes constituted critical, substantive modifications that fundamentally changed her original deposition testimony concerning the basis of her negligence claim.

Thorough knowledge of the law and its application are key metrics that ensure Barry McTiernan & Moore’s success and aggressive advocacy on behalf of our clients.

 #BMMWINS  #bmmfirm