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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Nor does the fact that Respondent electronically signed the lease in question bar its admission through circumstantial evidence as a business record. An electronically signed contact has the force and effect of an original writing and is subject to the same evidentiary rules for admission (see State Technology Law §§ 304 and 306). In Knight v New York & Presbyt. Hosp, 219 AD3d 75 [1st Dept 2023], a divided Appellate Division held that a Docusigned nursing home admission agreement, signed by a deceased patient, could not be admitted in connection with a motion to change venue where the affidavit of the employee purporting to authenticate the agreement "did not describe any protocols governing the use of Docusign" or otherwise demonstrate personal knowledge related to the execution of the specific agreement. The Court of Appeals reversed, concluding that there was "sufficient circumstantial evidence of authenticity" [*3]through, among other things, the witness's affirmation that the records were kept and maintained in the ordinary course of business and were otherwise reliable by virtue of the nursing home's procedures for ensuring the residents had the capacity to sign such agreements (Knight v New York & Presbyt. Hosp, 42 NY3d 699 [2024]).

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