On December 23, 2021, Governor Kathy Hochul signed the Speaking Agents Act, which expands upon the instances in which the hearsay statements of an employee/agent will be admissible against the employer/principal. Previously, such hearsay statements of an employee/agent were only admissible against the employer/principal where the employee/agent was authorized by the employer/principal to speak on the subject of the statement sought to be admitted into evidence. Under this new legislation, such hearsay statements will also be admissible against the employer/principal where the statements of the employee/agent concern matters within the scope of the agency/employment relationship, and were made during the existence of this relationship.
This new hearsay exception, which is codified along with the previous exception in the new CPLR 4549, takes effect immediately and shall apply to all actions pending on or after its effective date.
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