Key Takeaway
Learn how EUO bust statements can serve as admissible business records in NY no-fault insurance cases, including court analysis and practical litigation tips.
This article is part of our ongoing business records coverage, with 249 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.
Charles Deng Acupuncture, P.C. v Titan Ins. Co., 2016 NY Slip Op 26211 (Civ. Ct. Kings Co. 2016)
The Court here stated the following:
(1) “The only remaining issue before the Court is whether or not the EUO transcripts allegedly generated at the scheduled EUOs are business records which may be used to show that the respective providers failed to appear at their scheduled EUOs, and the weight to give these records if they are admissible.”
(2) “There is no question that the certified EUO transcripts can be used in a motion for summary judgment (see MML Med. Care, P.C. v Praetorian Ins. Co. 2014 NY Slip Op 51792; Active Chiropractic, P.C. v Praetorian Ins. Co. 2014 NY Slip Op 50634, Active Chiropractic, P.C. v Praetorian Ins. Co. 2014 NY Slip OP 50634), but there appears to be no cases on “all fours” concerning the use of such EUO transcripts at trial.”
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I would submit that the case Allstate Ins. Co. v. Pierre, 123 A.D.3d 618, 618 (1st Dept. 2014)(“Plaintiff also established that the statements on the record were business records”) would have easily disposed of the issue in this case What is flustering to me is that the Court never cites to Pierre and it looks like Defendant failed to cite to the case.
Two more comments here that I want to share. This case underscores why it is worth the extra $100 (per no show) to obtain a bust statement. First, you do not have “the partner affirmation”, which the Appellate Term has continuously rejected. One wonders if that affirmation is tantamount to legal malpractice at this point. Second, you have a documentary basis for asserting the fact of the no-show. If the case goes to trial, you have evidence that can prove the defense. Counsel here for defendant properly represented their client in this regard.
A final confession here. For many years, I was not sold on the bust statement. I have also proven that a well worded affidavit can meet even the demanding Appellate Term Second Department standard for a no-show. But those “partner affidavit” cases admittedly have scared me and many others out there. A bust statement is just a better practice because of its durability and contemporaneity of the event being recorded. The old adage comes to play: “fool me once, shame on you. fool me twice, shame on me.”
Related Articles
- Understanding EUO Requirements in New York No-Fault Insurance Cases
- How to Challenge EUO No-Show Denials: When Improper Notice Can Reverse Insurance Denials in New York
- The Court offers some guidance as to the business records exception
- Business records – when was the data entered and who could enter it?
- New York No-Fault Insurance Law
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.
249 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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