- Court
- New York Supreme Court, Appellate Division, Second Department
- Case
- Soto v. Mastropieri
- Date
- June 3, 2026
- Slip Op. No.
- 2026 NY Slip Op 03467
Background
Plaintiff Kyle Ann Soto was struck by defendant Lorenzo Mastropieri’s vehicle while walking across Merrick Road in Lynbrook. Plaintiff observed defendant waiting at an intersection to turn onto the four-lane road, with no other vehicles nearby. At deposition, defendant testified he did not see any cars or pedestrians when he turned, was traveling at approximately two to three miles per hour with his foot on the brake, and did not see plaintiff “even for a split second” before his vehicle hit her.
Defendant moved for summary judgment dismissing the complaint. Plaintiff cross-moved for summary judgment on liability and to strike the errata sheet to defendant’s deposition transcript, which was first served with defendant’s moving papers—more than 60 days after the transcript was submitted for review. Supreme Court, Nassau County (Sarika Kapoor, J.), granted defendant’s motion and denied plaintiff’s cross-motion. Plaintiff appealed.
Holding
The Appellate Division, Second Department, reversed the judgment and granted plaintiff’s cross-motion for summary judgment on liability and to strike the errata sheet. The Court held that the errata sheet was untimely under CPLR 3116(a), which provides that if a witness fails to return a signed deposition within 60 days, it may be used as fully as though signed, and no changes may be made after that period.
On the merits, without the errata sheet corrections, defendant’s own deposition testimony established his negligence as a matter of law: he turned onto a four-lane road without seeing any pedestrians and struck plaintiff at low speed without ever seeing her. Defendant failed to establish that he was free from negligence, and his admissions precluded any triable issue of fact on liability.
Takeaways
This case provides critical guidance on two points. First, CPLR 3116(a) imposes a strict 60-day deadline for returning deposition errata sheets, and courts will strike untimely corrections. Second, a defendant driver who admits he never saw a pedestrian before striking her cannot obtain summary judgment on liability, as his own testimony establishes a failure to use reasonable care. The decision illustrates how a defendant’s own deposition testimony can form the basis for summary judgment in plaintiff’s favor.
Why It Matters
Litigators must take the CPLR 3116(a) deadline seriously. Errata sheets that attempt to change substantive testimony after 60 days will be stricken, leaving the original transcript as the binding record. Defense counsel should never delay returning errata sheets, as untimely corrections cannot rehabilitate damaging testimony. For plaintiff’s counsel, the case demonstrates the power of a defendant’s own admissions in supporting a motion for summary judgment on liability—particularly in pedestrian knockdown cases where the driver admits failing to observe the pedestrian.