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Current Developments in the Commercial Divisions of the
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Posted: November 17, 2017

Party Not Entitled to Commission for Out-of-State Deposition

On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Litigation, 2017 NY Slip Op. 08093, holding that a party had not justified the issuance of a commission for an out-of-state deposition, explaining:

“[W]e deny the motion, since defendant did not demonstrate that a commission is necessary or convenient. In particular, defendant’s motion papers did not include allegations that the proposed out-of-State deponents would not cooperate with a notice of deposition or would not voluntarily come within this State or that the judicial imprimatur accompanying a commission will be necessary or helpful. However, since defendant can cure this defect, we make the denial of the motion without prejudice.

(Internal quotations and citations omitted) (emphasis added).

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