Appellate Court Overturns Decision; O&B Client Wins Appeal
March 2007

On February 27, 2007, in Garcia v. Stickel, 2007 NY Slip Op 01613, the Appellate Division, First Department reversed the lower Court's Order entered August 9, 2005, which denied Ohrenstein & Brown's motion seeking a rejection of plaintiff's errata sheet changes to his deposition testimony and summary judgment dismissing all claims against its client. The Court's decision in favor of the defendants rested on its conclusion that the extensive errata sheets should have been struck as procedurally defective and absent said errata sheets, plaintiff's deposition testimony and supporting affidavits were insufficient to raise a triable issue of fact to defeat summary judgment. Therefore, the First Department ordered judgment in favor of the defendants dismissing the complaint, with damage claims in excess of $5 million.

Serena Richardson drafted the appeal on behalf of Schneider, Kleinick, Weitz, Damashek & Shoot ("Schneider Kleinick") in this matter.

(Prior results do not guarantee a similar outcome.)