In a Decision – T.H. v. C.B. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that a Video that was only on the mobile telephone should not have been excluded from evidence simply because it was only located on the mobile telephone.
Here, the proposed evidence was a video contained on plaintiff's Smartphone that was available when the evidence was offered. It is not clear what the judge required for a foundation other than the testimony of a witness that the images reflected in the video "reproduce[d] phenomena actually perceived by the witness."