Key Takeaway
Court ruling clarifies CPLR 4518(a) certification requirements for police accident reports as business records in New York personal injury cases.
The admissibility of police accident reports in New York personal injury litigation hinges on strict procedural requirements under the Civil Practice Law and Rules (CPLR). Section 4518 governs the admission of business records, which can be crucial evidence in motor vehicle accident cases. However, courts consistently reject improperly authenticated documents, even official police reports.
CPLR 4518 contains multiple subsections with distinct certification requirements. Subsection (a) requires specific foundational elements for business records, including proper certification by the record custodian. This differs from subsection (c), which addresses records kept in the regular course of business. Understanding these distinctions is critical for practitioners seeking to admit documentary evidence.
The Hazzard v. Burrowes decision demonstrates how courts strictly enforce these evidentiary rules. When police reports lack proper certification, they become inadmissible hearsay, potentially undermining a party’s case. This ruling aligns with other New York decisions that have challenged 4518(a) requirements, emphasizing the importance of proper authentication procedures.
Jason Tenenbaum’s Analysis:
Hazzard v Burrowes, 2012 NY Slip Op 03409 (2d Dept. 2012)
“Moreover, the police accident report was inadmissible, as it was not certified as a business record (see CPLR 4518(a)), and the statements by both the appellant and Burrowes were self-serving, did not fall within any exception to the hearsay rule, and bore upon the ultimate issues of fact to be decided by the jury”
4518(a) v. 4518 (c) ?
Key Takeaway
The Hazzard decision underscores that police accident reports require proper certification under CPLR 4518(a) to be admissible as business records. Jason’s notation about comparing subsections (a) and (c) highlights an important distinction practitioners must understand when authenticating documentary evidence in personal injury cases.
Legal Update (February 2026): Since this 2012 post, CPLR 4518 has undergone several amendments affecting business records certification requirements, and New York courts have issued additional precedential decisions interpreting subsection (a) authentication standards. Practitioners should verify current statutory language and recent case law developments regarding police report admissibility and certification procedures.
