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CABRERA v. LIBERTY EL. CO., INC.

Index No. 161442/15. Appeal No. 14368. Case No. 2021-00126.

198 A.D.3d 474 (2021)

152 N.Y.S.3d 586

2021 NY Slip Op 05622

Jeaneth Cabrera, Respondent, v. Liberty Elevator Co., Inc., et al., Defendants, and Sterling Investment Partners, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 14, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Eileen Budd of counsel), for appellant.

Law Office of Scott H. Seskin, New York ( Scott Seskin of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.

Although it was not signed, the transcript of the deposition testimony of one of Sterling's partners was admissible in support of Sterling's motion, because it was submitted by Sterling (see Singh v New York City Hous. Auth., 177 A.D.3d 475, 475 [1st Dept 2019]). Moreover, the transcript was certified by a court reporter, and plaintiff did not challenge its accuracy (see id.).

The undisputed deposition testimony shows that Sterling was merely a shareholder...

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