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This article is part of our ongoing business records coverage, with 146 published articles analyzing business records issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
The Ongoing Confusion Over Police Report Admissibility in New York Courts
Police reports are frequently crucial pieces of evidence in personal injury cases, but their admissibility in New York courts has been frustratingly inconsistent. The evidentiary rules surrounding when these reports can be used at trial continue to perplex attorneys and judges alike, creating uncertainty in case preparation and strategy.
Under New York’s Civil Practice Law and Rules (CPLR) Section 4518(a), certain business records can be admitted into evidence without requiring live testimony from their creators, provided proper foundation is established. However, courts have struggled to apply this rule consistently to police reports, leading to contradictory rulings that leave practitioners guessing.
The fundamental issue centers on whether police reports constitute admissible business records or inadmissible hearsay, and whether certification is required for their admission. Some courts have found that the official duties of police officers provide sufficient foundation, while others demand strict compliance with authentication requirements.
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Rivera v GT Acquisition 1 Corp., 2010 NY Slip Op 03158 (1st Dept. 2010)
“The motion court properly disregarded the uncertified police report and unauthenticated photographs as they constituted inadmissible hearsay”
In all fairness to Plaintiff, the courts have really been all over the place with the necessity of a police report to be certified. On some days, they say it is admissible in accordance with CPLR 4518(a) because a foundation may be imputed based upon the duties of the police officer. Other days, the courts have held that the police report contains admissions, which are admissible against the declarant. Now today, they have held that an uncertified police report is inadmissible.
Go figure.
Key Takeaway
The Rivera decision exemplifies the inconsistent treatment of police reports in New York courts. While some cases allow uncertified police reports when they contain admissions, others strictly require proper certification under CPLR 4518(a). This unpredictability makes it essential for attorneys to prepare alternative strategies and ensure proper authentication of all evidence, rather than relying on potentially conflicting precedents.
Legal Update (February 2026): Since this 2010 post, CPLR 4518 and related evidentiary rules governing business records and police report admissibility may have been subject to regulatory amendments or clarifying case law developments. Practitioners should verify current authentication requirements and certification procedures, as courts may have established more consistent standards for police report admissibility in the intervening years.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Business Records & Documentary Evidence in New York
The business records exception to the hearsay rule is one of the most important evidentiary foundations in New York litigation. Establishing that a document qualifies as a business record under CPLR 4518 requires showing it was made in the regular course of business, at or near the time of the event, and that it was the regular practice to create such records. In no-fault and personal injury cases, disputes over business records arise constantly — from claim files and medical records to billing documents and mailing logs.
146 published articles in Business records
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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