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No Matter How Many Times You Ask, the Answer is the Same


January 16, 2019

We defeated a plaintiff-mortgagee’s summary judgment motion in a mortgage foreclosure case in Kings County. Our defendant-client, the mortgagor, steadfastly denied at depositions that he signed the mortgage documents in question. The court found that the denials were consistent throughout the client’s examination before trial and, therefore, presented a material question of fact.

What’s the lesson? The lesson is that an attorney can ask the same question of a deponent at a deposition one hundred different ways, but doing so does not mean he will get a different answer. In this case, asking over and over only reinforced deponent's version of events and made his testimony stronger.  

Respectfully submitted,


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