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Mark A. BermanMark A. Berman (NYLJ/Rick Kopstein)

It is remarkable how few New York state court decisions exist addressing the authentication of and hearsay objections to electronically stored information (ESI), and that may be because litigators do not appreciate how vulnerable ESI can be to attack and how to properly frame and then support opposition to its use when it has been relied upon as a basis for a dispositive motion. The relatively recent New York cases discussed below may serve as a starting point for New York litigators when arguing evidentiary issues concerning ESI.

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