NY CPLR § 4518 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 45 - Evidence R4518 - Business Records.

Rule  4518.  Business  records.  (a) Generally. Any writing or record, whether in the form of an entry in  a  book  or  otherwise,  made  as  a memorandum or record of any act, transaction, occurrence or event, shall be  admissible in evidence in proof of that act, transaction, occurrence or event, if the judge finds that it was made in the regular  course  of any business and that it was the regular course of such business to make it,  at the time of the act, transaction, occurrence or event, or within a reasonable time  thereafter.  An  electronic  record,  as  defined  in section three hundred two of the state technology law, used or stored as such  a  memorandum or record, shall be admissible in a tangible exhibit that is a true and accurate representation of  such  electronic  record. The  court  may  consider  the  method or manner by which the electronic record was stored, maintained or retrieved in  determining  whether  the exhibit is a true and accurate representation of such electronic record. All  other  circumstances  of  the  making  of the memorandum or record, including lack of personal knowledge by the  maker,  may  be  proved  to affect its weight, but they shall not affect its admissibility. The term business  includes  a  business,  profession,  occupation and calling of every kind.  (b) Hospital bills. A hospital bill is admissible  in  evidence  under this  rule  and is prima facie evidence of the facts contained, provided it bears a certification by the head of the hospital or by a responsible employee in the controller's or  accounting  office  that  the  bill  is correct,  that  each  of the items was necessarily supplied and that the amount charged is reasonable. This subdivision shall not  apply  to  any proceeding  in a surrogate's court nor in any action instituted by or on behalf of a hospital to recover payment for accommodations  or  supplies furnished  or  for services rendered by or in such hospital, except that in a proceeding pursuant to section one hundred eighty-nine of the  lien law to determine the validity and extent of the lien of a hospital, such certified  hospital  bills  are  prima  facie  evidence  of  the fact of services and of the reasonableness of any charges which  do  not  exceed the  comparable  charges  made  by the hospital in the care of workmen's compensation patients.  (c) Other records. All records, writings and other things referred  to in sections 2306 and 2307 are admissible in evidence under this rule and are  prima  facie  evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state,  or  by an  employee  delegated  for  that  purpose or by a qualified physician. Where a hospital record is in the custody of a warehouse as that term is defined by paragraph (thirteen) of subsection (a) of section  7--102  of the  uniform  commercial code, pursuant to a plan approved in writing by the state commissioner of health, admissibility under  this  subdivision may  be  established  by  a  certification  made  by  the manager of the warehouse that sets forth (i) the authority by which the record is held, including but not limited to a court order, order of  the  commissioner, or  order  or  resolution  of  the  governing  body  or  official of the hospital, and (ii) that the record has been in the exclusive custody  of such  warehouse  or warehousemen since its receipt from the hospital or, if another has had access to it, the name and address of such person and the date on which and the circumstances under which such access was had. Any warehouse providing a certification as required by this  subdivision shall  have  no liability for acts or omissions relating thereto, except for intentional misconduct, and the warehouse is  authorized  to  assess and   collect  a  reasonable  charge  for  providing  the  certification described by this subdivision. Where a hospital record is located  in  a jurisdiction other than this state, admissibility under this subdivision  may  be  established  by either a certification or authentication by the head of the hospital, laboratory, department or bureau  of  a  municipal corporation  or  of  the  state  or  by  an  employee delegated for that purpose, or by a qualified physician.  (d) Any records or reports relating to the administration and analysis of  a  genetic  marker  or DNA test, including records or reports of the costs of such tests, administered  pursuant  to  sections  four  hundred eighteen  and five hundred thirty-two of the family court act or section one hundred eleven-k of  the  social  services  law  are  admissible  in evidence  under  this  rule  and  are  prima facie evidence of the facts contained therein provided they bear a certification  or  authentication by  the  head  of  the  hospital,  laboratory, department or bureau of a municipal corporation or the state or by an employee delegated for  that purpose,  or by a qualified physician. If such record or report relating to the administration and analysis of a genetic marker test or DNA  test or  tests  administered  pursuant  to sections four hundred eighteen and five hundred thirty-two of the family court act or section  one  hundred eleven-k  of  the  social  services law indicates at least a ninety-five percent probability of paternity, the admission of such record or report shall create a  rebuttable  presumption  of  paternity,  and  shall,  if unrebutted,  establish the paternity of and liability for the support of a child pursuant to articles four and five of the family court act.  (e) Notwithstanding any other provision of law,  a  record  or  report relating  to the administration and analysis of a genetic marker test or DNA test certified in accordance with subdivision (d) of this  rule  and administered pursuant to sections four hundred eighteen and five hundred thirty-two  of  the  family court act or section one hundred eleven-k of the social services law  is  admissible  in  evidence  under  this  rule without   the   need  for  foundation  testimony  or  further  proof  of authenticity or accuracy unless objections to the record or  report  are made  in writing no later than twenty days before a hearing at which the record or report may be introduced into evidence or  thirty  days  after receipt of the test results, whichever is earlier.  (f)  Notwithstanding any other provision of law, records or reports of support payments and disbursements maintained pursuant to title six-A of article three of the social services law by the office of temporary  and disability  assistance  or the fiscal agent under contract to the office for the provision of centralized collection and  disbursement  functions are  admissible  in  evidence under this rule, provided that they bear a certification by an official of a social services district attesting  to the  accuracy of the content of the record or report of support payments and that in attesting to the accuracy  of  the  record  or  report  such official  has  received  confirmation  from  the office of temporary and disability assistance or the fiscal agent under contract to  the  office for  the  provision of centralized collection and disbursement functions pursuant to section one hundred eleven-h of the social services law that the record or report of support payments reflects the processing of  all support  payments in the possession of the office or the fiscal agent as of a specified date, and that the document is  a  record  or  report  of support  payments maintained pursuant to title six-A of article three of the social services law. If so certified, such record or report shall be admitted into evidence under this rule without the need  for  additional foundation  testimony.  Such records shall be the basis for a permissive inference of the facts contained therein unless the trier of fact  finds good cause not to draw such inference.  (g)  Pregnancy  and  childbirth  costs.  Any hospital bills or records relating to the costs  of  pregnancy  or  birth  of  a  child  for  whom proceedings  to  establish  paternity, pursuant to sections four hundred  eighteen and five hundred thirty-two of the family court act or  section one  hundred  eleven-k of the social services law have been or are being undertaken, are admissible in evidence under this  rule  and  are  prima facie  evidence  of  the  facts  contained therein, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or the state  or  by  an employee designated for that purpose, or by a qualified physician.