Occupants Couldn't Submit Corrected Deposition Transcripts Three Months Late

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen LLP, who represented the landlord.)

Landlord sued to evict three apartment occupants after rent-stabilized tenant died. Occupants claimed succession rights to the apartment. The court granted landlord's request to conduct pre-trial questioning. Occupants, represented by an attorney, didn't return the deposition transcripts to landlord's attorney within 60 days after they were provided by landlord's attorney. CPLR 3116(a) didn't allow changes to the transcripts after 60 days. But landlord's attorney agreed to a 30-day extension for the return of signed, corrected transcripts. But tenant's attorney didn't return the signed transcripts, with corrections noted, for another three months. Landlord asked the court to strike the proposed corrections because they were untimely.

The court ruled for landlord. Occupants claimed they had good cause for the delay because one was in Philadelphia, one was away at an unidentified college, and one traveled frequently to Japan. But the good cause claim was made only by occupants' attorney, who didn't have personal knowledge of the facts, and not signed by occupants. 

RAM 1 LLC v. Demler: Index No. 62567/16 (Civ. Ct. NY; 9/26/18; Marton, J) [2-pg. doc.]