SDG Provides Second Installment of Updates to CPLR

As we discussed in last month’s issue, SDG Provides Recap of the Many CPLR Amendments From 2018 (hyperlink this to the article), here are some further important updates to the New York Civil Practice Law and Rules (CPLR).

First, there are a couple of minor changes we want to briefly mention, such as to CPLR §4518 (c) amending the reference to “warehouse”, and the clarifying the effective date of an earlier amendment to CPLR §3408 concerning settlement conference in residential foreclosure actions, as well as CPLR §8003 (a), and (b), increasing referee compensation, but those changes are not on the scale of those discussed below.

CPLR §4511 (c)

CPLR §4511 (c) went into effect on December 28, 2018, and creates a rebuttable presumption that provides when requested by a party, the court “shall take judicial notice of an image, map, location, distance, calculation, or other information taken from a web mapping service, global satellite imaging site, or an Internet mapping tool.”  That presumption can then be rebutted by credible and reliable evidence that the image or information does not “fairly and accurately portray that which is being offered to prove.”

In order to use this method, a party intending to present the Internet information at a trial or hearing must give notice of intent at least 30 days before that time, providing a copy or identifying the Internet address. The adverse party must then object no later than 10 days before the trial or hearing, stating the grounds.  Absent an objection, the trial court is to take judicial notice of the evidence.

The Sponsor’s memorandum stated:

Google Maps is a tool that can be used by the courts to fairly resolve cases in a timely manner. Allowing a judge to take judicial notice of a satellite image, location, distance or other information using Google Maps would relieve the parties from having to otherwise prove the information evidenced in the image or map.

The revocable presumption of judicial notice saves time in proving facts while allowing the opposing party to offer credible and reliable evidence otherwise.

This amendment further brings New York statutes in line with the federal law, as the federal courts have taken judicial notice of “images, as well as general locations and distances, provided by Google Maps and Google Earth.”

CPLR §1349 (2)(h)(i)

This provides that money received through civil forfeiture can be used for law-enforcement assistance and diversion of individuals with substance abuse disorders.

CPLR §214 – b

This amendment extended the revival of time barred agent orange claims to June 16, 2020.

CPLR §2111

This amendment extended the use of electronic filing in New York to whole new categories of cases.  For example, it provides for the (1) elimination of the present exclusion of matrimonial actions from mandatory e-filing programs in Supreme Court (2) elimination of the present exclusion as to residential foreclosure and consumer debt actions from mandatory e-filing programs in Supreme Court (3) and results in a reset of the September 1, 2019 sunset for use of e-filing in criminal and Family Court so that it will be two years after such use actually begins.