Key Takeaway
Court ruling demonstrates that affidavits can serve as competent evidence even when referencing underlying documents not produced, providing valuable precedent for no-fault cases.
Understanding Affidavit Evidence Standards in New York Courts
The admissibility and weight of evidence forms the cornerstone of successful litigation, particularly in the complex realm of no-fault insurance law. A recent First Department decision illustrates an important principle about how courts evaluate affidavit testimony, even when the affiant references underlying documentation that wasn’t produced at trial.
This ruling provides valuable guidance for practitioners navigating evidentiary challenges in both personal injury and insurance defense matters. The case demonstrates that courts will accept properly sworn testimony as competent evidence, regardless of whether the witness has a direct interest in the outcome of the litigation.
Jason Tenenbaum’s Analysis:
Hernandez v Ortiz, 2018 NY Slip Op 07075 (1st Dept. 2018)
In much of the hyper-technical world of no-fault, the question becomes the quality of the evidence to prove a particular fact or proposition of law. The Court held that an affidavit relying on other not-produced evidence is sufficient to meet a prima facie burden.
“In this trip and fall case involving an uneven sidewalk, defendant Ortiz’s testimony that she lived in a one-family home adjacent to the sidewalk was sufficient competent evidence to make a prima facie showing that she qualified for the exemption provided at Administrative Code of City of NY § 7-210(b) (see Coogan v City of New York, 73 AD3d 613 ; Miller v City of New York, 253 AD2d 394, 395 [“that an affidavit is submitted by a party or other interested person does not detract from its sufficiency as competent evidence”]).”
Key Takeaway
The First Department’s decision reinforces that sworn affidavit testimony constitutes competent evidence capable of establishing a prima facie case, even when the affiant is an interested party and references supporting documents not submitted to the court. This principle has broad applications across various evidentiary challenges in New York litigation, particularly in establishing foundational elements of claims or defenses.
