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Lastly, the importance of being able to forensically examine an electronic device in order to analyze ESI metadata is highlighted in the case of Alfano v. LC Main, where metadata associated with a digital photograph established that it had not been taken at the time of the event, and thus was not probative of the condition of the scene at the time of the accident. Defendants submitted an affidavit from a forensic computer examiner who performed a forensic analysis of the metadata associated with plaintiffs’ photographs and, as a result, concluded that plaintiffs’ photographs were taken 12 days after the snowstorm, and therefore did “not accurately depict the scene of the accident as it appeared at the time of the accident, as plaintiff claims.”

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