In 2019, the New York courts issued numerous evidence decisions, and the New York Legislature enacted several evidence-related statutes. Several stand out as they either state new rules or apply well-established rules in new factual scenarios, which in effect create new rules. Either way, the bar should be aware of these developments. I thought a presentation of them via a “quiz” might pique your interest, rekindling fond memories of law school exams and thereby maintaining your interest in reading the entire column. Have fun! The answers are also provided.

Quiz

1. In a motor vehicle accident case arising from a rear-end collision on the Thruway involving plaintiff’s car and defendant’s truck, plaintiff offers into evidence a satellite photograph of the accident and surrounding area to establish that the Thruway in that area was straight with no curves for a distance of two miles to where the accident occurred. The photograph notes the distances and the latitude/longitude of the area. When offering the photograph, counsel states that it was made by Google through its digital mapping service, and that the court should take judicial notice of the photograph and accompanying information and admit it. Should the request be granted?