Camilla Lowther Management v. Majestic Mills

Civil Practice

New York Law Journal


Special Referee Jeffrey Helewitz

The matter was referred to a special referee on the issue of personal jurisdiction over defendant. At a hearing, plaintiffs attempted to introduce into evidence two documents, print-outs from a website, purporting to be complaints filed in a California court by defendant, claimed to be from the official California court website. Defendant objected. Plaintiffs' attorney again attempted to introduce the same documents into evidence, providing an affirmation that he personally logged into the website, detailed the process used to access and print the documents, and that they were true and accurate representations of the documents appearing on the official court site. The referee accepted the documents, over objection, into evidence by judicial notice, noting the documents met the first requirement for being admitted into evidence—they fell into one of the hearsay exceptions—by being a public record. Defendant argued the documents were not properly authenticated. The referee ruled the safeguards regarding authenticity under CPLR §4518(a) and New York Technology Law §306 were met permitting the pleadings filed in the California court to be taken into evidence by judicial notice, despite not being certified.

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