Absence of a business record entry = no motor vehicle accidentFebruary 15, 2013

Jesa Med. Supply, Inc. v NYC Tr. Auth., 2013 NY Slip Op 50188(U)(App. Term 2d Dept. 2013)

“In support of its cross motion for summary judgment dismissing the complaint, defendant NYC Transit Authority (NYCTA) submitted an affidavit from its claims examiner, who stated that it is NYCTA’s business practice to maintain a log of all people injured or involved in a motor vehicle accident involving a NYCTA vehicle. Since the only information that had been provided to defendant was the date on which plaintiff’s assignor had allegedly been injured while a passenger on defendant’s bus, defendant’s claims examiner had searched defendant’s records and found that there was no record indicating that plaintiff’s assignor had been injured as a [*2]passenger, or otherwise, by a NYCTA vehicle on the date of the alleged accident or even that she was at the scene of an accident involving a NYCTA vehicle on the date in question”

A search of a business record which shows the absence of an event is prima facie proof that the event never occurred.  Another in a short series of “it never happened” cases.

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