Judicial notice v. CPLR 4518(c)July 18, 2016
Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51081(U)(App. Term 2d Dept, 2016)
Throgs Neck Multicare, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51083(U)(App. Term 2d Dept. 2016)
I fell victim to 4518(c) and the case on point: Dyer v 930 Flushing, LLC, 118 AD3d 742 [2d Dept. 2014]). Now that I see this case, I vaguely remember reading Dryer and shaking my head. Perhaps I should have banged my head against something so I remembered that when I approved the Reply that went out.
The Court now shook its head at me. The Dryer case found the DOS printouts from the NYS website are not admissible evidence unless certified. (By the way, certifying DOS records is really easy) What is interesting is that judicial notice will be given to various items on governmental websites, so this case is the analogue of those cases.
I sense at some point, the 4518(c) v. Judicial notice cases will get a “Fontanetta v. Doe, 73 AD3d 78 (2d Dept. 2010)” type treatment and a more solid rule will be created. As of now, I was on the losing end of this battle.