New York Civil Practice Law and Rules Code § 4518

Business records
Open in Lexace · Ask the AI about this section
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, admi

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.