Business Records & Hearsay (CPLR 4518)
The business records exception to the hearsay rule is the evidentiary workhorse of insurance and collections litigation. Foundation requirements, certification under 4518(c), and incorporated third-party records dominate the case law.
44 articles from 2008–2020 · 0 current · 0 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2020 (1)
2018 (5)
2017 (3)
2016 (4)
2015 (2)
2013 (4)
2012 (3)
2011 (4)
2010 (11)
- A computer database is a business record
- Prima facie again
- An account stated must be supported by evidence in admissible form
- Business records from the Fourth Department
- The spreadsheet was not in admissible form?
- Why don't Defendant's start to use the Notice to Admit to establish their Prima Facie? Am I missing something?
- The denial of claim form does not need to be placed into evidence
- Uncertified police report is inadmissible
- A family court non-payment of child support petition spurs an interesting 4518(a) case
- New York Civil Court Evidence Rules: CPLR 3101(d) and Peer Review Reports
- Intervenor major medical insurance carrier tried to recoup settlement proceeds between the injured person and the tortofeasor – but to no avail
2009 (4)
- Business records – when was the data entered and who could enter it?
- A physician's affirmation and a chiropractor's affidavit will prove the lack of medical necessity of medical equipment
- Pine Hollow Dead: Business Records Rule Restored in NY Personal Injury Law
- The Court offers some guidance as to the business records exception
Frequently asked questions
How are business records used as evidence in no-fault cases?
Most no-fault proof comes in as business records. Under CPLR 4518(a), a record is admissible to prove an act or event if the judge finds it was made in the regular course of a business, that it was the regular course of that business to make it, and that it was made at the time of the event or within a reasonable time after. Providers use the rule to prove that bills were generated and mailed; insurers use it for denial forms, mailing logs and scheduling letters. Under Viviane Etienne Medical Care v Country-Wide Insurance Co., 25 NY3d 498 (2015), proof of mailing must be in admissible form.