Section 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.