Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06402
Adger v Klein
Read the official decision: 2026 NY Slip Op 06402
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Holding The Appellate Division affirmed the judgment dismissing the complaint against the defendant, finding that the trial court properly precluded the driver from testifying due to deposition failure. The court determined that the erroneous adverse inference charge was harmless error because the plaintiff could still establish her case through her own testimony.
The court’s words
the Supreme Court providently exercised its discretion in precluding Mathis from testifying at trial based on her failure to appear for her deposition
2026 NY Slip Op 06402, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06402 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06402 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1697 |
Recommended citation
ESQ HQ, New York Law Watch, Adger v Klein, 2026 NY Slip Op 06402 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06402/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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