The “speaking agent” rule has been the subject of considerable criticism in this State, and there have been strident calls for its repeal. See, e.g. Mushlin and Bucci, “Reviewing New York’s ‘Speaking Agent’ Rule,” Outside Counsel, NYLJ, Oct. 15, 2001.
Under that rule, the statement of an employee may be received as an admission against the employer only if the proponent of the statement can establish that the employee has the authority to speak on behalf of the principal.[1]�
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