Business records (CPLR 4518[a]) back to the Appellate Division

Business Records Evidence Law Under Scrutiny

The admission of business records in New York courts continues to evolve through appellate decisions that shape how medical providers and insurance companies present evidence in no-fault cases. Under CPLR 4518(a), business records can be admitted into evidence without the need for a sponsoring witness, provided they meet specific foundational requirements. This streamlined process is particularly crucial in no-fault insurance litigation, where medical records and billing documentation form the backbone of most claims.

The intersection of business records law and no-fault insurance creates frequent disputes over what constitutes proper foundation for admission. Courts must balance the efficiency of allowing records without live testimony against the need to ensure reliability and authenticity. When appellate courts interpret these standards differently, it creates uncertainty for practitioners handling business records challenges and can significantly impact case outcomes.

Recent decisions from various departments have taken differing approaches to business records admission, creating a patchwork of precedent that practitioners must navigate carefully. The Fourth Department’s approach has sometimes diverged from other appellate divisions, highlighting the need for consistent statewide guidance.

Jason Tenenbaum’s Analysis:

Viviane Etienne Medical Care, P.C. v Country-Wide Ins. Co., 2011 NY Slip Op 77673(U) (Motion No: 2011-04221)(2d Dept. 2011)

Lower decision citation: Viviane Etienne Medical Care, P.C. v. Country-Wide Ins. Co., 31 Misc.3d 21 (App. Term 2d, 11th & 13th Jud. Dis. 2011).

This was the case, if you recall, where the Appellate Term, Second Department for the first time construed Carothers v. Geico, 79 AD3d 864 ). I have this gut feeling the Appellate Division is going to reverse the Appellate Term this time.

Key Takeaway

This case represents a critical juncture in business records law, as the Appellate Division reviews the Appellate Term’s interpretation of the Carothers precedent. The outcome could establish important guidance for how courts evaluate the foundation requirements for business records in no-fault cases, potentially affecting the admissibility standards that medical providers and insurers must meet when presenting documentary evidence.

Legal Update (February 2026): Since 2011, CPLR 4518(a) business records admission standards have been subject to continued appellate interpretation and potential procedural refinements through court rules amendments. Practitioners should verify current foundational requirements and any updates to business records authentication procedures, as appellate decisions may have further clarified or modified the standards discussed in this post.