From Casetext: Smarter Legal Research

Catapano v. Shapiro

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1958
6 A.D.2d 1054 (N.Y. App. Div. 1958)

Summary

In Catapano v. Shapiro (6 A.D.2d 1054), the court pointed out that inasmuch as the transcript of an examination before trial must be read by or to the person examined and subscribed by him (now required under CPLR 3116), the use of a tape recorder for making the initial record, from which a typed or written transcript must be made, could prove suitable.

Summary of this case from Lester v. Lester

Opinion

October 27, 1958


In an action to recover damages for personal injuries and for medical expenses and loss of services, the appeal is from so much of an order as denied appellants' motion to conduct an examination before trial with the aid of a tape recorder. Order modified (1) by striking everything from said order following the words in the next to last ordering paragraph "by shorthand or stenotype" and (2) by substituting therefor the following "or by the use of a tape recording machine". As thus modified, order, insofar as appeal is taken, affirmed, without costs. Inasmuch as the transcript of an examination before trial must be read by or to the person examined and subscribed by him (Civ. Prac. Act, § 302), the proposed means of making the initial record, from which a typed or written transcript must be made, could prove suitable, and not contrary to rule 129 of the Rules of Civil Practice. ( Gotthelf v. Hillcrest Lbr. Co., 280 App. Div. 668.) Wenzel, Acting P.J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ., concur.


Summaries of

Catapano v. Shapiro

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1958
6 A.D.2d 1054 (N.Y. App. Div. 1958)

In Catapano v. Shapiro (6 A.D.2d 1054), the court pointed out that inasmuch as the transcript of an examination before trial must be read by or to the person examined and subscribed by him (now required under CPLR 3116), the use of a tape recorder for making the initial record, from which a typed or written transcript must be made, could prove suitable.

Summary of this case from Lester v. Lester
Case details for

Catapano v. Shapiro

Case Details

Full title:LOUIS C. CATAPANO et al., Appellants, v. ROBERT L. SHAPIRO et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 1958

Citations

6 A.D.2d 1054 (N.Y. App. Div. 1958)

Citing Cases

Rubino v. G.D. Searle Co.

While the traditional method of recording testimony in examinations before trial is by the use of a…

People v. Winborne

(1957 Report, Advisory Committee on Practice and Procedure, § 34.12, subd [b], p 139.) Tape recordings were…