Yefet v Shalmoni, 2011 NY Slip Op 00677 (2d Dept. 2011)
I haven’t seen this one in awhile and it is noteworthy because the law seems to presume that testimony contradicting a deposition transcript is insufficient to rebut the deficiencies found in the EBT transcript.
“the conflict between the original transcript of the plaintiff’s deposition testimony and the correction she submitted in the errata sheet raised an issue of credibility which could not be resolved on the motion for summary judgment.”
