In making apparently related rulings on the deposition testimony of defendant Xin Development Management East’s representative Ryan Black, the Appellate Division, First Department court cited successive subsections of New York’s Civil Practice Law and Rules, or CPLR, statute.

A state appeals court Thursday upheld the blocking of deposition testimony consisting of “self-serving, unsworn email statements” from a previous whistleblower trial.

And it ruled that the defendants that submitted the testimony should’ve exercised their due diligence and used subpoenas to seek in-person accounts.

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December 30, 2022

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