4518(a)
Analysis of double hearsay issues in motor vehicle accident cases, examining inadmissible police reports and the business records exception under New York evidence law.
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53 articles by Jason Tenenbaum, Esq.
Business records “from another mother”
Court rules on admissibility of business records from liquidated insurance company in no-fault case, exploring the incorporation doctrine for successor entities.
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Understanding New York No-Fault Insurance Claims and the Business Records Rule
Insurance companies try technical defenses to deny NY no-fault benefits. Learn how business records rule & choice of law protects your claim. Call 516-750-0595
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Not necessarily inconsistent
Court ruling clarifies that corrected affidavits with minor errors aren't necessarily inconsistent when supported by documentary evidence in business records cases.
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Familiarity with predecessor business record practice
Court ruling demonstrates strict requirements for establishing familiarity with predecessor business records under CPLR 4518 hearsay exception in foreclosure cases.
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Mailing – CPLR 4518(a)
Court ruling highlights stricter requirements for proving mailing under CPLR 4518(a), requiring detailed affidavits about office procedures beyond just documentary evidence.
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Hearsay – business records
People v Jones court decision on business records hearsay exception - printout evidence admission requirements and foundational standards under CPLR 4518.
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A business record can be anything
Business records evidence rules in mortgage foreclosure vs no-fault insurance cases - examining CPLR 4518(a) requirements and court standards for affidavits.
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Business records again
New York court ruling demonstrates critical requirements for business records admissibility when assignees lack knowledge of original recordkeeper's practices and procedures.
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Intersection between collateral source hearing and no-fault
Learn how collateral source hearings intersect with no-fault insurance in New York personal injury cases, including evidentiary requirements and Workers' Compensation offsets.
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Police report and CPLR 4518(a)
Police report admissibility under CPLR 4518(a) business records exception in personal injury cases - when officer observations are required vs inadmissible witness statements.
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Business records and copies
New York court case analysis on business records admissibility, secondary evidence rules, and CPLR 4539(a) requirements for document authentication in litigation.
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Business record discussion in foreclosures
New York's Second Department reaffirms business record authentication standards in foreclosure cases, showing how CPLR 4518 requirements remain crucial for establishing mortgage holder status.
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Another unsuccessful 4518(a) challenge
Court rules EUO scheduling letters don't need business records exception when offered to prove mailing, not truth of contents, expanding non-hearsay doctrine.
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The EUO bust statement as a business record
Learn how EUO bust statements can serve as admissible business records in NY no-fault insurance cases, including court analysis and practical litigation tips.
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A Wagman/Bradshaw foundation is necessary for EMG/NCV results
Appellate court ruling requires proper foundation for EMG/NCV electrodiagnostic test reports in personal injury cases under Wagman/Bradshaw standard.
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It is not hearsay: 4518 and 4539
New York court ruling on insurance policy declaration pages: not hearsay under CPLR 4518 and 4539, plus authentication requirements for electronic records.
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The hospital record admission is admissible (not necessarily as a business record)
Court rules hospital records admissible as party admissions even when not germane to medical treatment, expanding evidence rules beyond business records exception.
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Watering down 4518(a) to historic lows
Portfolio Recovery case shows how CPLR 4518(a) business records rule applies to assigned debt collection, allowing self-authenticating statements and affidavits of sale as evidence.
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The denial need not be authenticated as a busines record
New York court clarifies that insurance claim denials don't require business record authentication under CPLR 4518, as they're not submitted as recorded transactions.
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Claims documents considered as business records and unsuccessful mailing challenge
Court ruling on business records admissibility under CPLR 4518 and successful mailing challenges in insurance cases, lowering the burden of proof for standard office procedures.
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Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests
Court ruling on amended motions, defective IME affidavits, and delay letters vs. verification requests in New York no-fault insurance litigation procedures.
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All you wanted to know about 4518(a) but were afraid to ask
Learn about CPLR 4518(a) business records foundation requirements in New York no-fault insurance cases, including hearsay exceptions and evidence admissibility rules.
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The doctor himself could not get his bills into evidence
Court rejects doctor's testimony on billing records foundation in NY no-fault case, finding gaps in witness knowledge of separate billing company procedures.
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Business Records
Court accepts business records from bank successor even when affiant wasn't employed during original record creation, highlighting both strengths and limitations.
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4518(a) deals with certification?
Court ruling clarifies CPLR 4518(a) certification requirements for police accident reports as business records in New York personal injury cases.
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Business record rule applies to hospitals also
Court ruling shows hospitals must prove their records qualify as business records for summary judgment in no-fault cases, adding procedural hurdle.
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Business record challenge to police report
Learn how business records exceptions affect police report admissibility in NY personal injury cases. Expert analysis of Hernandez v Tepan decision for Long Island attorneys.
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Another really intelligent appeal
Court of Appeals decision on no-fault insurance claims showing plaintiff's burden of proof and proper use of denial forms as evidence in New York cases.
Read More →![Business records (CPLR 4518[a]) back to the Appellate Division](https://cdn.jtnylaw.com/blog/business-records-cplr-4518a-back-to-the-appellate-division.avif)
Business records (CPLR 4518[a]) back to the Appellate Division
A significant business records evidence case returns to the Appellate Division after the Appellate Term's controversial interpretation of CPLR 4518(a) precedent.
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A very impressive win.
NYU-Hospital v Esurance: Court rules on defective no-fault denial forms and business records defense in New York insurance law case with timely filing issues.
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CPLR 4518(a) Business Records: Key Admissibility Rules for New York Litigation
Key CPLR 4518(a) business records admissibility rules after Rodriguez decision. Expert analysis for Long Island & NYC attorneys handling evidence issues.
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Understanding Third-Party Billing Records in New York No-Fault Claims: Appellate Term’s First Application of Carothers
Expert analysis of Appellate Term decision on third-party billing records in NY no-fault claims. Carothers application from experienced Long Island attorney.
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CPLR 4518(a) Business Records and Witness Exclusion in New York Courts
Learn about CPLR 4518(a) business records authentication and witness exclusion rules in NY litigation. Expert analysis from Long Island attorney Jason Tenenbaum.
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A computer database is a business record
New York Appellate Division confirms computer databases qualify as business records, allowing printouts to be admitted as evidence in court proceedings.
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Prima facie again…
New York courts continue to refine prima facie standards for business records evidence in no-fault insurance cases, with recent Appellate Term and Fourth Department decisions.
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An account stated must be supported by evidence in admissible form
New York court rules that account stated claims require proper business records foundation under CPLR 4518, not just submission of credit card statements without authentication.
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Business records from the Fourth Department
Fourth Department case demonstrates exacting standards for business records exception, requiring detailed testimony about record-keeping procedures and contemporaneous creation practices.
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The spreadsheet was not in admissible form?
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
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Why don't Defendant's start to use the Notice to Admit to establish their Prima Facie? Am I missing something?
Exploring whether defendants can use Notices to Admit to establish prima facie cases in New York no-fault insurance litigation and departmental differences.
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The denial of claim form does not need to be placed into evidence
Court ruling explains when denial of claim forms don't need business records exception - hearsay rules in no-fault insurance evidence cases on Long Island.
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The destruction of peer hearsay: It is not hearsay – and much more
Examining peer hearsay exceptions in NY no-fault cases, medical record admissibility, and verification procedures in Urban Radiology v Tri-State Consumer.
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Uncertified police report is inadmissible
New York courts remain inconsistent on admissibility of uncertified police reports, with some accepting them under CPLR 4518(a) while others reject them as inadmissible hearsay.
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A family court non-payment of child support petition spurs an interesting 4518(a) case
Family court case examining CPLR 4518(a) business records rule for medical documents - distinguishing admissible physician office records from inadmissible expert opinions.
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New York Civil Court Evidence Rules: CPLR 3101(d) and Peer Review Reports
Learn about NY civil court evidence rules including CPLR 3101(d) demands and peer review report foundations. Expert legal analysis from Long Island personal injury attorney.
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Intervenor major medical insurance carrier tried to recoup settlement proceeds between the injured person and the tortofeasor – but to no avail
Intervenor health insurance carrier fails to recoup settlement proceeds due to inadequate proof of business records and prima facie case requirements in NY court.
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Proving standing without an assignment?
Learn about proving standing in New York foreclosure cases without assignment. Key legal precedents and defense strategies for Long Island homeowners.
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Business records – when was the data entered and who could enter it?
Learn about NY business records requirements for electronic data entry and computer records. Critical evidentiary rules for Long Island and NYC attorneys.
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Assignments and business records – a deadly combination
Expert analysis of NY business records exception and assignment of benefits requirements. Learn how to avoid costly procedural pitfalls in Long Island and NYC courts.
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A physician's affirmation and a chiropractor's affidavit will prove the lack of medical necessity of medical equipment
Expert analysis of medical equipment peer review determinations in New York no-fault insurance cases. Understanding evidence requirements and medical necessity standards for Long Island practitioners.
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Pine Hollow Dead: Business Records Rule Restored in NY Personal Injury Law
Pine Hollow case overruled, restoring proper business records standards in NY personal injury law. Expert analysis from experienced Long Island attorney.
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The Court offers some guidance as to the business records exception
New York Court guidance on business records exception under CPLR 4518 for Long Island and NYC practitioners handling personal injury and litigation cases.
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Prima facie: schizophrenia from the Appellate Term
Analysis of prima facie evidence requirements in New York no-fault insurance litigation, examining appellate court inconsistencies in the Mary Immaculate Hospital case.
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