N.Y. Laws » CHAPTER State Technology / ARTICLE Electronic Signatures and Records Act
New York Consolidated Laws

N.Y. State Technology Law § 304 (2026)

Use of electronic signatures

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 304. Use of electronic signatures. 1. The electronic facilitator
shall establish rules and regulations governing the use of electronic
signatures and authentication. The electronic facilitator shall not
establish rules or regulations that seek to apportion fault or impose or
limit liability relating to the use of electronic signatures.
  2. In accordance with this section unless specifically provided
otherwise by law, an electronic signature may be used by a person in
lieu of a signature affixed by hand. The use of an electronic signature
shall have the same validity and effect as the use of a signature
affixed by hand.
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2005–2025 · leading case: Martin v. Portexit Corp., 98 A.D.3d 63 (N.Y. App. Div. 1st Dep't 2012).
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Martin v. Portexit Corp., 98 A.D.3d 63 (N.Y. App. Div. 1st Dep't 2012). · cites it 2× “State Technology Law § 304 (2) provides that “unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand.”
Knight v. New York & Presbyt. Hosp., 219 A.D.3d 75 (N.Y. App. Div. 1st Dep't 2023). · cites it 2× “The fact that the disputed signatures were electronic does not nullify that presumption, since, pursuant to the Electronic Signatures and Records Act (ESRA) (State Technology Law art.”
Knight v. New York & Presbyt. Hosp., 252 N.E.3d 496 (N.Y. 2024). · cites it 2× “a signature affixed by hand" (State Technology Law § 304 [2]). Accordingly, the order of the Appellate Division should be reversed, with costs, the order of Supreme Court, New York County, reinstated and the certified question answered in the negative.”
Adler v. 20/20 Companies, 82 A.D.3d 918 (N.Y. App. Div. 2d Dep't 2011). “20/20 is correct that an electronic signature “may be used by a person in lieu of a signature affixed by hand,” and “shall have the same validity and effect as the use of a signature affixed by hand” (State Technology Law § 304 [2]). However, in this case, the plaintiffs came…”
People v. Rath, 41 Misc. 3d 869 (2013). · cites it 3× “” State Technology Law § 304 (2) provides: “In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand.”
Solartech Renewables, LLC v. Vitti, 156 A.D.3d 995 (N.Y. App. Div. 3d Dep't 2017). “An electronic signature is defined as “an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record” (State Technology Law § 302 [3]). “ ‘Electronic record’ shall…”
47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (Civ. Ct. NYC, Queens Cty. 2025). “An electronically signed contact has the force and effect of an original writing and is subject to the same evidentiary rules for admission ( see State Technology Law §§ 304 and 306). In Knight v New York & Presbyt.”
People v. Rose, 11 Misc. 3d 200 (2005). “State Technology Law § 304 (2). . State Technology Law § 305 (3).”
People v. Sanchez, 47 Misc. 3d 612 (N.Y. City Crim. Ct. 2015). “(State Technology Law § 304 [2]; People v Johnson, 31 Misc 3d 145[A] , 2011 NY Slip Op 50933 [U] [App Term, 2d Dept, 9th & 10th Dists 2011]; People v Corletta, 12 Misc 3d 666 [Webster Just Ct 2006].) To require more of a signature would make it impossible to fill a prescription,…”
People v. Hernandez, 31 Misc. 3d 208 (2011). “State Technology Law § 304 (2); § 305 (3).”
Wen Zong Yu v. Charles Schwab & Co., 34 Misc. 3d 32 (N.Y. App. Term. 2011). “The Electronic Signatures and Records Act provides that “an electronic signature may be used by any person in lieu of a signature affixed by hand” and that such a signature “shall have the same validity and effect as the use of a signature affixed by hand” (State Technology Law…”
People v. Abate, 2024 NY Slip Op 24023 (New Scotland Town Just. Ct. 2024). “The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand" (State Technology Law § 304). Ignored by the defendant in his analysis is the fact that the simplified information in question appears to be in the form of an…”
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