4518(a) deals with certification?

Looking for the complete rule? This post analyzes one business-records decision. For the full practitioner’s guide to CPLR § 4518 — foundation elements, leading cases, and practice pointers — see CPLR § 4518 Business Records: The New York Practitioner’s Guide.

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.

Case Background

Hazzard v. Burrowes involved a motor vehicle accident where the defendant moved for summary judgment. As part of the motion, the defendant attempted to introduce a police accident report as evidence supporting their version of events. The report contained statements from both parties about how the accident occurred, which the defendant argued demonstrated the plaintiff’s comparative fault.

The plaintiff objected to the admission of the police report, arguing it lacked proper certification under CPLR 4518(a). The defendant argued the report should be admitted as a business record or that the statements within the report fell within exceptions to the hearsay rule. The Second Department considered whether the police report met the technical requirements for admission as a certified business record.

The court’s analysis focused on the distinction between different subsections of CPLR 4518 and whether the defendant satisfied the specific certification requirements applicable to police accident reports.

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 Significance

The Second Department’s strict interpretation of CPLR 4518(a) certification requirements reflects broader judicial commitment to maintaining evidentiary standards even for seemingly routine documents like police reports. While police accident reports enjoy a presumption of reliability in everyday contexts, their admission in civil litigation demands compliance with technical authentication procedures designed to ensure trustworthiness and provide opportunities for cross-examination.

Jason’s observation about the distinction between subsections (a) and (c) raises a critical question for practitioners: does the certification required for police reports differ from certification requirements for other business records? Subsection (a) addresses certification generally, while subsection (c) specifically addresses hospital records and other medical documentation. Understanding which subsection applies to particular documents can determine whether evidence survives admissibility challenges.

The court’s additional holding that statements within the report constituted inadmissible hearsay reinforces that even properly certified documents may contain inadmissible content. Certification authenticates the document’s creation and maintenance, but does not automatically validate the truth of factual assertions contained within it.

Practical Implications

Attorneys relying on police accident reports must ensure proper certification before submitting them as evidence. This typically requires obtaining a certification from the police department records custodian attesting that the report was made in the regular course of police business and maintained according to standard procedures. Simply attaching an uncertified police report to motion papers invites successful objections and potential exclusion.

Practitioners should also recognize that even properly certified police reports may contain inadmissible hearsay statements. Strategic use of such reports requires identifying which portions qualify for admission under business records or other exceptions, and which portions constitute inadmissible hearsay. When statements within reports are self-serving or bear on ultimate issues of liability, courts will scrutinize them carefully regardless of certification status.

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.

Related Articles

• 4518(a)
• Proof insufficient to prove the accident was intentional
• Uncertified police report valid to the extent there is an admission