US Laws, Codes, Statutes & Cases

 
    §  5-311 Examination before trial of party or witness. A proceeding by
  the city to acquire title to real property for a public use  or  purpose
  by condemnation shall be deemed a special proceeding, in which testimony
  may  be  taken  by  deposition  pursuant  to  the  provisions of article
  thirty-one of the civil practice  law  and  rules  and  subject  to  the
  provisions  of  this  section.  The  pendency of such a proceeding shall
  constitute  special  circumstances  which  render  it  proper  that  the
  deposition  of  any  person  not  an owner be taken pursuant to sections
  three thousand one hundred one and three thousand one hundred six of the
  civil practice law and rules. 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  subdivision  a  of
  section  5-314  of this subchapter at the instance of the city 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  or  she  shall  give  like
  notice  to  all owners or their attorneys who have duly filed and served
  on the corporation counsel copies of  their  verified  claims.  For  the
  purpose  of any such examination before trial brought on by an owner and
  noticed for and held at any 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 shall
  at the expense of the city 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
  officer before whom the same was taken. In all other  cases,  the  party
  bringing  on  such  examination shall at his or her 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  such  witness,  if   such
  subscription  shall be waived by the parties appearing upon the witness'
  examination. The corporation counsel, at the office  address  subscribed
  by  him  or  her upon the papers in the proceeding, shall from and after
  the date of his or her receipt  thereof  keep  on  file,  available  for
  inspection  by  all  parties  to the proceeding a certified copy of each
  deposition in the proceeding.