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SIPOS v. BRIDGEVILLE REALTY

177 Misc.2d 840 (1998)

676 N.Y.S.2d 916

John Sipos et al., Plaintiffs, v. Bridgeville Realty Corp., Defendant and Third-Party Plaintiff. Partnership for Economic Development in Sullivan County, Inc., Third-Party Defendant.

Supreme Court, Sullivan County.

August 10, 1998

Attorney(s) appearing for the Case

Feldman, Kleidman & Coffey, Fishkill, for plaintiffs. George P. Gambeski, White Plains, for defendant and third-party plaintiff. Kris T. Jackstadt, New Windsor (Hugh A. Scott of counsel), for third-party defendant.

BERNARD J. MALONE, JR., J.

In this premises liability case, third-party defendant's motion for summary judgment raises an issue of apparent first impression: Does CPLR 3117 (a) prevent a party from proactively using its own deposition transcript as evidence-in-chief on its own motion for summary judgment in the absence of an affidavit by that party?1 This court's review of similar...

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