§ 59. Examination before trial. A proceeding by the board of\ntransportation to acquire title to property or any right therein for the\npurposes of this chapter by condemnation shall be deemed a special\nproceeding, in which testimony may be taken by deposition pursuant to\nthe provisions of the civil practice law and rules and subject to the\nprovisions of this section. Such deposition may be taken upon any\nquestion or issue in the proceeding and for the purpose of obtaining\ntestimony as to any sale or lease as described in section sixty of this\nchapter, at the instance of the corporation counsel or of any owner or\nat the direction of the court at any time after the expiration of the\ndate fixed for filing claims. Any owner desiring to obtain testimony by\ndeposition shall give at l
Free access — add to your briefcase to read the full text and ask questions with AI
§ 59. Examination before trial. A proceeding by the board of\ntransportation to acquire title to property or any right therein for the\npurposes of this chapter by condemnation shall be deemed a special\nproceeding, in which testimony may be taken by deposition pursuant to\nthe provisions of the civil practice law and rules and subject to the\nprovisions of this section. Such deposition may be taken upon any\nquestion or issue in the proceeding and for the purpose of obtaining\ntestimony as to any sale or lease as described in section sixty of this\nchapter, at the instance of the corporation counsel or of any owner or\nat the direction of the court at any time after the expiration of the\ndate fixed for filing claims. Any owner desiring to obtain testimony by\ndeposition shall give at least five days' notice or, if service is made\nthrough the post office, at least eight days' notice to the corporation\ncounsel and to all other owners or their attorneys who have duly filed\ntheir verified claims. If the corporation counsel shall desire to obtain\ntestimony by deposition he shall give like notice to all owners or their\nattorneys who have duly filed and served on him their verified claims.\nFor the purpose of any such examination before trial brought on by an\nowner and noticed for and held at an office of the corporation counsel\nin the borough in which the real property is situated or at such other\nplace as the corporation counsel shall designate, the corporation\ncounsel, at the expense of the city, shall provide proper stenographic\nservice and shall furnish to the owner bringing on such examination a\ncopy of the typewritten transcript of such examination, duly certified\nby the officers before whom it was taken. In all other cases, the party\nbringing on such examination shall at his own cost and expense provide\nproper stenographic service and shall furnish to the corporation counsel\ntwo copies of the typewritten transcript of such examination duly\ncertified by the officer before whom it was taken. The deposition of a\nwitness need not be subscribed by him, if such subscription shall be\nwaived by the parties appearing upon his examination. The corporation\ncounsel, at the office address subscribed by him upon the papers in the\nproceeding, from and after the date of his receipt thereof, shall keep\non file, available for inspection by all parties to the proceeding a\ncertified copy of each deposition taken in the proceeding.\n