Judge Philip Straniere


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Vrlaku sued Plaza Construction Corp. alleging its failure to comply with the Labor Law resulted in his injuries. He claimed he and coworker, Colbourne, were in a scissor lift nearly 30 feet above ground and as the lift suddenly moved Vrlaku was injured as his arm was caught. Plaza sought to introduce an audio-digital recording of Colbourne made by an investigator hired by Plaza’s insurer to investigate the accident. Plaza contended the digital recording was admissible as a business record of the investigator. Yet, the court found a certification, certifying the recording was a complete copy of the recorded audio uploaded by the investigator did not comply with the State Technology Law as it failed to describe if the record keeping system allowed additions or deletions without leaving a record of same or indicate how or if tampering was prevented. Thus, while it found the investigator’s testimony attesting the recording was an accurate record of his interview with Colbourne was sufficient to make it admissible, the court concluded Vrlaku’s counsel raised significant issues that the recording was not complete. The court concluded the recording was inadmissible as there were too many discrepancies between what was alleged to be a complete recording.