Amici Brief Speaks Out Against 'Self-Serving' Affidavits

NEW YORK -- Several groups have filed an amicus curiae brief in support of asbestos defendant Patterson-Kelley's motion for summary judgment, arguing that an affidavit provided by the plaintiff after his initial deposition is inadmissible. Collura v. Patterson-Kelley Co., N. 112742/04 (N.Y. Sup. Ct., App. Div., 1st Dept.).

Filed Aug. 30 in the First Department of the Appellate Division of the New York Supreme Court, the amicus brief states that an asbestos plaintiff should be precluded from filing an affidavit after being deposed, calling it an effort to 'patch-up' prior sworn testimony.

According to the brief filed by Coalition for …