New Laws Re: Hearsay, Remote Notarization, & Insurance Disclosure

New York Governor Hochul has recently approved three pieces of legislation, specifically, relating to (1) admissibility of certain statements under the “hearsay” rule; (2) remote notarization; and (3) insurance disclosures.

Hearsay.

First, S7093/A8040 (Hoylman/Dinowitz) amends the rules of evidence to permit the admission of an opposing party’s statement if made by an agent or employee made within the scope of that relationship and during the existence of that relationship.

Specifically, the law amends the New York Civil Practice Law and Rules (CPLR) to add a new section, 4549, which provides:

Admissibility of an opposing party’s statement. A statement offered against an opposing party shall not be excluded from evidence as hearsay if made by a person whom the opposing party authorized to make a statement on the subject or by the opposing party’s agent or employee on a matter within the scope of that relationship and during the existence of that relationship.

In sum, the amendment follows the approach of Federal Rule of Evidence 801(d)(2)(D), and is intended to ease the rule requiring so-called “speaking authority” in order to justify the statement’s admission.

Notarization.

Next, S1780C/A399B (Skoufis/Rozic) authorizes the use of electronic notarization.

Insurance Disclosure.

Finally, S7052/A8041 (Gounardes/Lunsford) enacts the comprehensive insurance disclosure act to require defendants to disclose all sources of insurance coverage that could satisfy a judgment.