47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

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Contrary to Respondent's contention, it was not necessary for Petitioner to recognize or otherwise validate Respondent's Docusigned electronic signature on the parties' last lease to admit it into evidence. A lease is a type of contract that must be authenticated prior to admission (see Daper Realty, Inc. v Pizzimenti, 234 AD3d 405 [1st Dept 2025]). While identifying the signature of the party being bound is the most common method of admission (see e.g. Tuscan Realty Corp v O'Neill, 189 Misc 2d 349 [App Term. 2d Dept, 2d and 11th Jud Dists 2001]), a lease may also be authenticated through "other circumstantial evidence" (Young v Crescent Coffee, Inc., 222 AD3d 704, 705 [2d Dept 2023]). This can include evidence the lease is a properly maintained business record of the landlord or its predecessor-in-interest (Daper Realty, Inc. v Pizzimenti, 234 AD3d 405, 406 [1st Dept 2025] ["The landlord's witness established that he was sufficiently familiar with the lease in the course of his employment to authenticate it as a business record, and he competently testified to his company's record keeping proceedings."]; DeLeon v Port Authority of New York and New Jersey, 306 AD2d 146, 146 [1st Dept 2003] ["Here, defendant's lease administrator had sufficient knowledge with regard to these leases since they were business records relating to her employment and she was familiar with defendant's record keeping procedures. In any event, merely attaching the subject leases to the attorney's affirmation was sufficient to admit the leases."]; Tuscan Realty Corp v O'Neill, 189 Misc 2d 349 [App Term, 2d Dept, 2d and 11th Jud Dists 2001] [lease of former owner properly admitted as a business record]).

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