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MARIO FRANCO, plf-ap, v. ROLLING FRITO-LAY SALES, LTD. def-res

9334. MARIO FRANCO, plf-ap, v. ROLLING FRITO-LAY SALES, LTD. def-res — Scott Baron & Associates, P.C., Howard Beach (John Burnett of counsel), for ap — Richard J. Davolio, Sayville, for res — Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 9, 2012, which, in this personal injury action arising from a motor vehicle accident, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9334. MARIO FRANCO, plf-ap, v. ROLLING FRITO-LAY SALES, LTD. def-res — Scott Baron & Associates, P.C., Howard Beach (John Burnett of counsel), for ap — Richard J. Davolio, Sayville, for res — Order, Supreme Court, Bronx County (Julia Rodriguez, J.), entered January 9, 2012, which, in this personal injury action arising from a motor vehicle accident, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The unsigned deposition transcripts submitted by defendants in support of their motion were admissible (see CPLR 3116[a]). Plaintiff’s transcript was certified by the reporter and plaintiff does not challenge its accuracy (Sass v. TMT Restoration Consultants Ltd., 100 AD3d 443, 443 [1st Dept 2012]). Although the unsigned deposition transcript of defendant Jordain was not certified by a reporter, it “was submitted by the party deponent himself, and therefore, was adopted as accurate by the deponent” (Rodriguez v. Ryder Truck, Inc., 91 AD3d 935, 936 [2d Dept 2012]).

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