§ 4518 — Business records

New York § 4518

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

Rule 4518. Business records. (a) Generally. Any writing or record,\nwhether in the form of an entry in a book or otherwise, made as a\nmemorandum or record of any act, transaction, occurrence or event, shall\nbe admissible in evidence in proof of that act, transaction, occurrence\nor event, if the judge finds that it was made in the regular course of\nany business and that it was the regular course of such business to make\nit, at the time of the act, transaction, occurrence or event, or within\na reasonable time thereafter. An electronic record, as defined in\nsection three hundred two of the state technology law, used or stored as\nsuch a memorandum or record, shall be admissible in a tangible exhibit\nthat is a true and accurate representation of such electronic record.\nThe court may consider the method or manner by which the electronic\nrecord was stored, maintained or retrieved in determining whether the\nexhibit is a true and accurate representation of such electronic record.\nAll other circumstances of the making of the memorandum or record,\nincluding lack of personal knowledge by the maker, may be proved to\naffect its weight, but they shall not affect its admissibility. The term\nbusiness includes a business, profession, occupation and calling of\nevery kind.\n (b) Hospital bills. A hospital bill is admissible in evidence under\nthis rule and is prima facie evidence of the facts contained, provided\nit bears a certification by the head of the hospital or by a responsible\nemployee in the controller's or accounting office that the bill is\ncorrect, that each of the items was necessarily supplied and that the\namount charged is reasonable. This subdivision shall not apply to any\nproceeding in a surrogate's court nor in any action instituted by or on\nbehalf of a hospital to recover payment for accommodations or supplies\nfurnished or for services rendered by or in such hospital, except that\nin a proceeding pursuant to section one hundred eighty-nine of the lien\nlaw to determine the validity and extent of the lien of a hospital, such\ncertified hospital bills are prima facie evidence of the fact of\nservices and of the reasonableness of any charges which do not exceed\nthe comparable charges made by the hospital in the care of workmen's\ncompensation patients.\n (c) Other records. All records, writings and other things referred to\nin sections 2306 and 2307 are admissible in evidence under this rule and\nare prima facie evidence of the facts contained, provided they bear a\ncertification or authentication by the head of the hospital, laboratory,\ndepartment or bureau of a municipal corporation or of the state, or by\nan employee delegated for that purpose or by a qualified physician.\nWhere a hospital record is in the custody of a warehouse as that term is\ndefined by paragraph (thirteen) of subsection (a) of section 7--102 of\nthe uniform commercial code, pursuant to a plan approved in writing by\nthe state commissioner of health, admissibility under this subdivision\nmay be established by a certification made by the manager of the\nwarehouse that sets forth (i) the authority by which the record is held,\nincluding but not limited to a court order, order of the commissioner,\nor order or resolution of the governing body or official of the\nhospital, and (ii) that the record has been in the exclusive custody of\nsuch warehouse or warehousemen since its receipt from the hospital or,\nif another has had access to it, the name and address of such person and\nthe date on which and the circumstances under which such access was had.\nAny warehouse providing a certification as required by this subdivision\nshall have no liability for acts or omissions relating thereto, except\nfor intentional misconduct, and the warehouse is authorized to assess\nand collect a reasonable charge for providing the certification\ndescribed by this subdivision. Where a hospital record is located in a\njurisdiction other than this state, admissibility under this subdivision\nmay be established by either a certification or authentication by the\nhead of the hospital, laboratory, department or bureau of a municipal\ncorporation or of the state or by an employee delegated for that\npurpose, or by a qualified physician.\n (d) Any records or reports relating to the administration and analysis\nof a genetic marker or DNA test, including records or reports of the\ncosts of such tests, administered pursuant to sections four hundred\neighteen and five hundred thirty-two of the family court act or section\none hundred eleven-k of the social services law are admissible in\nevidence under this rule and are prima facie evidence of the facts\ncontained therein provided they bear a certification or authentication\nby the head of the hospital, laboratory, department or bureau of a\nmunicipal corporation or the state or by an employee delegated for that\npurpose, or by a qualified physician. If such record or report relating\nto the administration and analysis of a genetic marker test or DNA test\nor tests administered pursuant to sections four hundred eighteen and\nfive hundred thirty-two of the family court act or section one hundred\neleven-k of the social services law indicates at least a ninety-five\npercent probability of paternity, the admission of such record or report\nshall create a rebuttable presumption of paternity, and shall, if\nunrebutted, establish the paternity of and liability for the support of\na child pursuant to articles four and five of the family court act.\n (e) Notwithstanding any other provision of law, a record or report\nrelating to the administration and analysis of a genetic marker test or\nDNA test certified in accordance with subdivision (d) of this rule and\nadministered pursuant to sections four hundred eighteen and five hundred\nthirty-two of the family court act or section one hundred eleven-k of\nthe social services law is admissible in evidence under this rule\nwithout the need for foundation testimony or further proof of\nauthenticity or accuracy unless objections to the record or report are\nmade in writing no later than twenty days before a hearing at which the\nrecord or report may be introduced into evidence or thirty days after\nreceipt of the test results, whichever is earlier.\n (f) Notwithstanding any other provision of law, records or reports of\nsupport payments and disbursements maintained pursuant to title six-A of\narticle three of the social services law by the office of temporary and\ndisability assistance or the fiscal agent under contract to the office\nfor the provision of centralized collection and disbursement functions\nare admissible in evidence under this rule, provided that they bear a\ncertification by an official of a social services district attesting to\nthe accuracy of the content of the record or report of support payments\nand that in attesting to the accuracy of the record or report such\nofficial has received confirmation from the office of temporary and\ndisability assistance or the fiscal agent under contract to the office\nfor the provision of centralized collection and disbursement functions\npursuant to section one hundred eleven-h of the social services law that\nthe record or report of support payments reflects the processing of all\nsupport payments in the possession of the office or the fiscal agent as\nof a specified date, and that the document is a record or report of\nsupport payments maintained pursuant to title six-A of article three of\nthe social services law. If so certified, such record or report shall be\nadmitted into evidence under this rule without the need for additional\nfoundation testimony. Such records shall be the basis for a permissive\ninference of the facts contained therein unless the trier of fact finds\ngood cause not to draw such inference.\n (g) Pregnancy and childbirth costs. Any hospital bills or records\nrelating to the costs of pregnancy or birth of a child for whom\nproceedings to establish paternity, pursuant to sections four hundred\neighteen and five hundred thirty-two of the family court act or section\none hundred eleven-k of the social services law have been or are being\nundertaken, are admissible in evidence under this rule and are prima\nfacie evidence of the facts contained therein, provided they bear a\ncertification or authentication by the head of the hospital, laboratory,\ndepartment or bureau of a municipal corporation or the state or by an\nemployee designated for that purpose, or by a qualified physician.\n