New York § 59 - 59Examination before trial

§ 59. 59Examination before trial

§ 59. Examination before trial. A proceeding by the board of transportation to acquire title to property or any right therein for the purposes of this chapter by condemnation shall be deemed a special proceeding, in which testimony may be taken by deposition pursuant to the provisions of the civil practice law and rules and subject to the provisions of this section. Such deposition may be taken upon any question or issue in the proceeding and for the purpose of obtaining testimony as to any sale or lease as described in section sixty of this chapter, at the instance of the corporation counsel or of any owner or at the direction of the court at any time after the expiration of the date fixed for filing claims. Any owner desiring to obtain testimony by deposition shall give at least five days' notice or, if service is made through the post office, at least eight days' notice to the corporation counsel and to all other owners or their attorneys who have duly filed their verified claims. If the corporation counsel shall desire to obtain testimony by deposition he shall give like notice to all owners or their attorneys who have duly filed and served on him their verified claims. For the purpose of any such examination before trial brought on by an owner and noticed for and held at an office of the corporation counsel in the borough in which the real property is situated or at such other place as the corporation counsel shall designate, the corporation counsel, at the expense of the city, shall provide proper stenographic service and shall furnish to the owner bringing on such examination a copy of the typewritten transcript of such examination, duly certified by the officers before whom it was taken. In all other cases, the party bringing on such examination shall at his own cost and expense provide proper stenographic service and shall furnish to the corporation counsel two copies of the typewritten transcript of such examination duly certified by the officer before whom it was taken. The deposition of a witness need not be subscribed by him, if such subscription shall be waived by the parties appearing upon his examination. The corporation counsel, at the office address subscribed by him upon the papers in the proceeding, from and after the date of his receipt thereof, shall keep on file, available for inspection by all parties to the proceeding a certified copy of each deposition taken in the proceeding.