LSK&D successfully represented the defendants in Anthony Torres v. Bd. of Ed.

5/2/2017

LSK&D successfully represented the defendants in Anthony Torres v. Bd. of Ed.  In the underlying litigation in King’s County Supreme Court, plaintiff improperly attempted to alter his deposition transcript by submitting three pages of errata sheets changing his answers of “yes” to “no,” explaining only that he wished to “clarify” his testimony or that he “mis-spoke.”  After the Supreme Court denied defendants’ motion to strike the errata sheets, defendants appealed that order while moving for summary judgment.  Two weeks after the Supreme Court denied defendants’ motion for summary judgment, the Appellate Division, Second Department reversed the denial of defendant’s first motion and struck the errata sheets.  Defendants promptly moved to renew their motion for summary judgment.  In light of the Appellate Division’s decision, the motion court granted renewal and, upon renewal, awarded defendants summary judgment and dismissed the complaint.