§ 59. Examination before trial. A proceeding by the board of
transportation to acquire title to property or any right therein for the
purposes of this chapter by condemnation shall be deemed a special
proceeding, in which testimony may be taken by deposition pursuant to
the provisions of the civil practice law and rules and subject to the
provisions of this section. 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 section sixty of this
chapter, at the instance of the corporation counsel 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 shall give like notice to all owners or their
attorneys who have duly filed and served on him their verified claims.
For the purpose of any such examination before trial brought on by an
owner and noticed for and held at an 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, at the expense of the city, shall 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 officers before whom it was taken. In all other cases, the party
bringing on such examination shall at his 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 him, if such subscription shall be
waived by the parties appearing upon his examination. The corporation
counsel, at the office address subscribed by him upon the papers in the
proceeding, from and after the date of his receipt thereof, shall keep
on file, available for inspection by all parties to the proceeding a
certified copy of each deposition taken in the proceeding.