Lopez v. City of New York, 2021 NY Slip Op 02465 (1st Dep’t 2021)

Court refuses to admit deposition errata on cause of accident.

The First Department refused to consider a deposition errata sheet that changed the cause of the plaintiff’s slip-and-fall accident.

The plaintiff originally testified that he fell when the heel of his shoe caught a step. There was no testimony of a slippery substance or broken step. He then submitted an errata, stating that his foot slipped on a worn surface. However, he offered no reason for the change as required under CPLR 3116(a). Therefore, the court did not consider it and found there was no defect.

Practitioners should be mindful when submitting errata sheets that a reason for the change must be given or it will not be considered.


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