reglab/statecodes huggingface dataset:
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 43 - Trial by a Referee › R4321 - Fees and Expenses.

Rule  4321.  Fees  and  expenses.  1.  An order or a stipulation for a
  reference  shall  determine  the  basis  and  method  of  computing  the
  referee's  fees  and  provide for their payment.   The court may make an
  appropriate order for the payment of  the  reasonable  expenses  of  the
  referee.  Unless the court otherwise orders or the stipulation otherwise
  provides, such fees and expenses of the referee shall be taxed as costs.
2. This section shall not apply where the reference is to  a  judicial
  hearing officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4401 - Motion for Judgment During Trial.

Rule  4401.  Motion  for judgment during trial. Any party may move for
  judgment with respect to a cause of action or issue upon the ground that
  the moving party is entitled to judgment as a matter of law,  after  the
  close  of  the  evidence  presented by an opposing party with respect to
  such cause of  action  or  issue,  or  at  any  time  on  the  basis  of
  admissions.  Grounds  for the motion shall be specified. The motion does
  not waive the right to trial by jury or to present further evidence even
  where it is made by all parties.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › 4401-A - Motion for Judgment.

§ 4401-a. Motion for judgment. A motion for judgment at the end of the
  plaintiff's  case  must be granted as to any cause of action for medical
  malpractice based solely on lack of informed consent  if  the  plaintiff
  has  failed to adduce expert medical testimony in support of the alleged
  qualitative insufficiency of the consent.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4402 - Motion for Continuance or New Trial During Trial.

Rule  4402.  Motion  for continuance or new trial during trial. At any
  time during the trial, the court, on motion of any party,  may  order  a
  continuance  or  a new trial in the interest of justice on such terms as
  may be just.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4403 - Motion for New Trial or to Confirm or Reject or Grant Other Relief After Reference to Report or Verdict of Advisory Jury.

Rule  4403.    Motion  for  new trial or to confirm or reject or grant
  other relief after reference to report or verdict of advisory jury. Upon
  the motion of any party or on his own initiative, the judge required  to
  decide the issue may confirm or reject, in whole or in part, the verdict
  of  an  advisory jury or the report of a referee to report; may make new
  findings with or without taking additional testimony; and  may  order  a
  new trial or hearing. The motion shall be made within fifteen days after
  the  verdict  or  the filing of the report and prior to further trial in
  the action. Where no issues remain to be tried the  court  shall  render
  decision directing judgment in the action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4404 - Post-Trial Motion for Judgment and New Trial.

Rule  4404.  Post-trial  motion for judgment and new trial. (a) Motion
after trial where jury required. After a trial of a cause of  action  or
issue triable of right by a jury, upon the motion of any party or on its
own  initiative,  the  court  may  set  aside  a verdict or any judgment
entered thereon and direct that judgment be entered in favor of a  party
entitled to judgment as a matter of law or it may order a new trial of a
cause  of action or separable issue where the verdict is contrary to the
weight of the evidence, in the interest of justice  or  where  the  jury
cannot  agree  after  being  kept  together  for  as  long  as is deemed
reasonable by the court.
(b) Motion after trial where jury not  required.  After  a  trial  not
triable  of  right by a jury, upon the motion of any party or on its own
initiative, the court may set aside its decision or any judgment entered
thereon.  It may make new findings of fact or conclusions of  law,  with
or without taking additional testimony, render a new decision and direct
entry  of  judgment, or it may order a new trial of a cause of action or
separable issue.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4405 - Time and Judge Before Whom Post-Trial Motion Made.

Rule 4405. Time and judge before whom post-trial motion made. A motion
  under  this  article  shall be made before the judge who presided at the
  trial within fifteen days after decision, verdict or  discharge  of  the
  jury.  The  court  shall have no power to grant relief after argument or
  submission of an appeal from the final judgment.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 44 - Trial Motions › R4406 - Single Post-Trial Motion.

Rule  4406.  Single  post-trial  motion.  In  addition to motions made
  orally immediately after decision, verdict or  discharge  of  the  jury,
  there  shall  be  only one motion under this article with respect to any
  decision by a court, or to a verdict on issues triable  of  right  by  a
  jury;  and  each party shall raise by the motion or by demand under rule
  2215 every ground for post-trial relief then available to him.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4501 - Self-Incrimination.

§  4501.  Self-incrimination. A competent witness shall not be excused
  from answering a relevant question, on the ground only that  the  answer
  may  tend  to establish that he owes a debt or is otherwise subject to a
  civil suit. This section does not require a witness to  give  an  answer
  which  will  tend  to  accuse  himself  of a crime or to expose him to a
  penalty or forfeiture, nor does it vary any other  rule  respecting  the
  examination of a witness.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4502 - Spouse.

§  4502.  Spouse.  (a) Incompetency where issue adultery. A husband or
wife is not competent to testify against the other in an action  founded
upon  adultery,  except to prove the marriage, disprove the adultery, or
disprove a defense after evidence has been introduced tending  to  prove
such defense.
(b) Confidential communication privileged. A husband or wife shall not
be  required,  or,  without  consent of the other if living, allowed, to
disclose a confidential communication made by one to  the  other  during
marriage.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4505 - Confidential Communication to Clergy Privileged.

§  4505.  Confidential  communication to clergy privileged. Unless the
  person confessing or confiding waives the  privilege,  a  clergyman,  or
  other  minister  of  any  religion  or duly accredited Christian Science
  practitioner, shall not be allowed disclose a confession  or  confidence
  made to him in his professional character as spiritual advisor.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4507 - Psychologist.

§  4507.  Psychologist.  The confidential relations and communications
  between a psychologist registered under the provisions  of  article  one
  hundred  fifty-three  of  the education law and his client are placed on
  the same basis as those provided by law between attorney and client, and
  nothing  in  such  article  shall  be  construed  to  require  any  such
  privileged communications to be disclosed.
A  client  who,  for  the  purpose  of  obtaining  insurance benefits,
  authorizes the disclosure of any such privileged  communication  to  any
  person  shall not be deemed to have waived the privilege created by this
  section. For purposes of this section:
1. "person" shall mean any individual, insurer or agent thereof,  peer
  review  committee, public or private corporation, political subdivision,
  government agency, department or  bureau  of  the  state,  municipality,
  industry,  co-partnership, association, firm, trust, estate or any other
  legal entity whatsoever; and
2. "insurance benefits" shall include payments  under  a  self-insured
  plan.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4508 - Social Worker.

§  4508.  Social  worker.   (a) Confidential information privileged. A
person licensed as  a  licensed  master  social  worker  or  a  licensed
clinical  social  worker  under  the  provisions  of article one hundred
fifty-four of the education law shall not  be  required  to  disclose  a
communication  made  by a client, or his or her advice given thereon, in
the course of his or her professional employment, nor shall  any  clerk,
stenographer  or  other  person  working  for  the same employer as such
social worker or for such social worker be allowed to disclose any  such
communication or advice given thereon; except
1. that such social worker may disclose such information as the client
may authorize;
2.  that  such  social  worker  shall  not  be  required  to  treat as
confidential a communication by a client which reveals the contemplation
of a crime or harmful act;
3. where the client is a child  under  the  age  of  sixteen  and  the
information acquired by such social worker indicates that the client has
been the victim or subject of a crime, the social worker may be required
to  testify  fully  in  relation  thereto upon any examination, trial or
other proceeding in which the commission of such crime is a  subject  of
inquiry;
4.  where  the client waives the privilege by bringing charges against
such social worker and such charges involve confidential  communications
between the client and the social worker.
(b)  Limitations on waiver. A client who, for the purpose of obtaining
insurance benefits, authorizes the disclosure  of  any  such  privileged
communication  to  any  person  shall  not  be deemed to have waived the
privilege created by this section. For purposes of this subdivision:
1. "person" shall mean any individual, insurer or agent thereof,  peer
review  committee, public or private corporation, political subdivision,
government agency, department or  bureau  of  the  state,  municipality,
industry,  co-partnership, association, firm, trust, estate or any other
legal entity whatsoever; and
2. "insurance benefits" shall include payments  under  a  self-insured
plan.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4509 - Library Records.

§  4509.  Library  records.    Library records, which contain names or
  other personally identifying details regarding the users of public, free
  association,  school,  college  and  university  libraries  and  library
  systems  of  this state, including but not limited to records related to
  the  circulation  of  library  materials,  computer  database  searches,
  interlibrary   loan   transactions,   reference  queries,  requests  for
  photocopies of library materials, title reserve requests, or the use  of
  audio-visual  materials,  films  or  records,  shall be confidential and
  shall not be disclosed except that such records may be disclosed to  the
  extent  necessary  for the proper operation of such library and shall be
  disclosed upon request or consent of the user or pursuant  to  subpoena,
  court order or where otherwise required by statute.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4511 - Judicial Notice of Law.

Rule  4511.  Judicial notice of law. (a) When judicial notice shall be
taken without request. Every court shall take  judicial  notice  without
request  of  the  common  law,  constitutions and public statutes of the
United States and of every state,  territory  and  jurisdiction  of  the
United  States  and  of  the  official  compilation  of codes, rules and
regulations of  the  state  except  those  that  relate  solely  to  the
organization or internal management of an agency of the state and of all
local laws and county acts.
(b)  When  judicial notice may be taken without request; when it shall
be taken on request.  Every  court  may  take  judicial  notice  without
request  of  private  acts and resolutions of the congress of the United
States and of the legislature of the state; ordinances  and  regulations
of  officers,  agencies  or governmental subdivisions of the state or of
the United States; and the laws of foreign countries or their  political
subdivisions.  Judicial  notice  shall  be taken of matters specified in
this subdivision if a party requests it, furnishes the court  sufficient
information  to enable it to comply with the request, and has given each
adverse party notice of his intention to request  it.  Notice  shall  be
given  in  the pleadings or prior to the presentation of any evidence at
the trial, but a court may require or permit other notice.
(c) Determination by court; review as matter of law. Whether a  matter
is  judicially noticed or proof is taken, every matter specified in this
section shall be determined by the judge or referee, and included in his
or her findings or charged to the jury. Such findings or charge shall be
subject to review on appeal as a finding or charge on a matter of law.
(d) Evidence to be received on matter to  be  judicially  noticed.  In
considering  whether a matter of law should be judicially noticed and in
determining the matter of law to be judicially noticed,  the  court  may
consider  any  testimony,  document,  information  or  argument  on  the
subject, whether offered by  a  party  or  discovered  through  its  own
research.  Whether  or not judicial notice is taken, a printed copy of a
statute or other  written  law  or  a  proclamation,  edict,  decree  or
ordinance by an executive contained in a book or publication, purporting
to  have been published by a government or commonly admitted as evidence
of the existing law in the judicial tribunals of the jurisdiction  where
it is in force, is prima facie evidence of such law and the unwritten or
common  law  of  a  jurisdiction  may  be proved by witnesses or printed
reports of cases of the courts of the jurisdiction.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4512 - Competency of Interested Witness or Spouse.

§  4512.  Competency  of  interested  witness  or  spouse.  Except  as
  otherwise expressly prescribed,  a  person  shall  not  be  excluded  or
  excused  from being a witness, by reason of his interest in the event or
  because he is a party or the spouse of a party.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4513 - Competency of Person Convicted of Crime.

§ 4513. Competency of person convicted of crime. A person who has been
  convicted  of  a crime is a competent witness; but the conviction may be
  proved, for the purpose of affecting the weight of his testimony, either
  by cross-examination, upon which he shall  be  required  to  answer  any
  relevant  question,  or  by the record. The party cross-examining is not
  concluded by such person's answer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4514 - Impeachment of Witness by Prior Inconsistent Statement.

Rule 4514. Impeachment of witness by prior inconsistent statement.  In
  addition to impeachment in the manner permitted by common law, any party
  may  introduce  proof  that  any  witness  has  made  a  prior statement
  inconsistent with his testimony if the statement was made in  a  writing
  subscribed by him or was made under oath.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4515 - Form of Expert Opinion.

Rule  4515. Form of expert opinion. Unless the court orders otherwise,
  questions calling for the opinion of  an  expert  witness  need  not  be
  hypothetical  in form, and the witness may state his opinion and reasons
  without  first  specifying  the  data  upon  which  it  is  based.  Upon
  cross-examination,  he  may  be  required  to specify the data and other
  criteria supporting the opinion.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4517 - Prior Testimony in a Civil Action.

Rule  4517.  Prior  testimony  in  a  civil action. (a) Impeachment of
witnesses; parties; unavailable witness. In a civil action, at the trial
or upon the hearing of a motion or an interlocutory proceeding,  all  or
any  part  of the testimony of a witness that was taken at a prior trial
in the same action or at a prior trial involving  the  same  parties  or
their  representatives  and arising from the same subject matter, so far
as admissible under the rules of evidence, may  be  used  in  accordance
with any of the following provisions:
1.  any  such  testimony  may  be used by any party for the purpose of
contradicting or impeaching the testimony of the same witness;
2. the prior trial testimony of a party or of any  person  who  was  a
party  when the testimony was given or of any person who at the time the
testimony was given was  an  officer,  director,  member,  employee,  or
managing  or authorized agent of a party, may be used for any purpose by
any party who is  adversely  interested  when  the  prior  testimony  is
offered in evidence;
3.  the  prior  trial testimony of any person may be used by any party
for any purpose against any other party, provided the court finds:
(i) that the witness is dead; or
(ii) that the witness is at a greater distance than one hundred  miles
from  the  place of trial or is out of the state, unless it appears that
the absence of the witness  was  procured  by  the  party  offering  the
testimony; or
(iii)  that the witness is unable to attend or testify because of age,
sickness, infirmity, or imprisonment; or
(iv) that the party offering the testimony has been unable to  procure
the attendance of the witness by diligent efforts; or
(v)  upon  motion on notice, that such exceptional circumstances exist
as to make its use desirable, in the interest of justice  and  with  due
regard to the importance of presenting the testimony of witnesses orally
in open court;
4.  the  prior  trial  testimony  of  a  person authorized to practice
medicine may be used by any  party  without  the  necessity  of  showing
unavailability  or  special  circumstances  subject  to the right of any
party to move for preclusion upon the ground that admission of the prior
testimony would be prejudicial under the circumstances.
(b) Use of part of the prior trial testimony of  a  witness.  If  only
part of the prior trial testimony of a witness is read at the trial by a
party, any other party may read any other part of the prior testimony of
that  witness that ought in fairness to be considered in connection with
the part read.
(c) Substitution of parties; prior actions.  Substitution  of  parties
does not affect the right to use testimony previously taken at trial.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4519-A - Possession of Opioid Antagonists; Receipt Into Evidence.

§  4519-a. Possession of opioid antagonists; receipt into evidence. 1.
  Possession of an opioid antagonist may not be received  in  evidence  in
  any  trial, hearing or proceeding pursuant to subdivision one of section
  two hundred thirty-one and paragraph three of subdivision b  of  section
  two hundred thirty-three of the real property law or subdivision five of
  section  seven  hundred  eleven  and  subdivision  one  of section seven
  hundred fifteen of the real property  actions  and  proceedings  law  as
  evidence that the building or premises are being used for illegal trade,
  manufacture, or other illegal business.
2.  For the purposes of this section, opioid antagonist shall have the
  same meaning as set forth in subdivision two of  section  60.49  of  the
  criminal procedure law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4520 - Certificate or Affidavit of Public Officer.

Rule  4520. Certificate or affidavit of public officer. Where a public
  officer is required or authorized, by special provision of law, to  make
  a  certificate  or  an  affidavit  to  a  fact  ascertained,  or  an act
  performed, by him in the course of his official duty,  and  to  file  or
  deposit it in a public office of the state, the certificate or affidavit
  so filed or deposited is prima facie evidence of the facts stated.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4521 - Lack of Record.

Rule  4521.  Lack  of  record.  A  statement signed by an officer or a
  deputy of an officer having legal custody of specified official  records
  of  the  United States or of any state, territory or jurisdiction of the
  United States, or of any court thereof, or kept  in  any  public  office
  thereof,  that  he has made diligent search of the records and has found
  no record or entry of a specified nature, is prima facie  evidence  that
  the records contain no such record or entry, provided that the statement
  is  accompanied  by  a  certificate  that legal custody of the specified
  official records belongs to such person, which certificate shall be made
  by a person described in rule 4540.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4522 - Ancient Filed Maps, Surveys and Records Affecting Real Property.

Rule  4522.  Ancient  filed  maps,  surveys and records affecting real
  property.  All  maps,  surveys  and  official  records  affecting   real
  property,  which  have  been  on  file in the state in the office of the
  register of any county, any county clerk, any court  of  record  or  any
  department  of  the  city of New York for more than ten years, are prima
  facie evidence of their contents.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4523 - Search by Title Insurance or Abstract Company.

Rule  4523.  Search  by  title insurance or abstract company. A search
  affecting  real  property,  when  made  and  certified  to  by  a  title
  insurance,  abstract  or  searching company, organized under the laws of
  this state, may be used in place of, and with the same legal effect  as,
  an official search.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4524 - Conveyance of Real Property Without the State.

Rule  4524. Conveyance of real property without the state. A record of
  a conveyance of real property situated within another  state,  territory
  or  jurisdiction  of the United States, recorded therein pursuant to its
  laws, is prima facie evidence of conveyance and of due execution.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4525 - Copies of Statements Under Article Nine of the Uniform Commercial Code.

Rule  4525.  Copies  of  statements  under article nine of the uniform
  commercial code. A copy of a statement which is noted or certified by  a
  filing officer pursuant to section 9--523 of the uniform commercial code
  and which states that the copy is a true copy is prima facie evidence of
  the facts stated in the notation or certification and that the copy is a
  true copy of a statement filed in the office of the filing officer.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4526 - Marriage Certificate.

Rule 4526. Marriage certificate. An original certificate of a marriage
  made  by  the  person by whom it was solemnized within the state, or the
  original entry thereof made pursuant to law in the office of  the  clerk
  of  a  city  or  a town within the state, is prima facie evidence of the
  marriage.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4527 - Death or Other Status of Missing Person.

§  4527.  Death or other status of missing person. (a) Presumed death.
A written finding of presumed death, made by any  person  authorized  to
make  such  findings  by  the federal missing persons act is prima facie
evidence of  the  death,  and  the  date,  circumstances  and  place  of
disappearance.  In  the  case of a merchant seaman, a written finding of
presumed death, made by the maritime war emergency board or by  the  war
shipping  administration  or  the successors or assigns of such board or
administration in connection with war  risk  insurance  is  prima  facie
evidence  of  the  death,  and  the  date,  circumstances  and  place of
disappearance.
(b) Death, internment, capture and other status. An  official  written
report  or  record that a person is missing, missing in action, interned
in a neutral country, or beleaguered, besieged or captured by an  enemy,
or  is  dead,  or is alive, made by an officer or employee of the United
States authorized by law of the United States to make it is prima  facie
evidence of such fact.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4529 - Inspection Certificate Issued by United States Department of Agriculture.

Rule  4529.  Inspection certificate issued by United States department
  of agriculture. An  inspection  certificate  issued  by  the  authorized
  agents  of  the United States department of agriculture on file with the
  United States secretary of agriculture is prima facie  evidence  of  the
  facts stated.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4530 - Certificate of Population.

§  4530.  Certificate  of  population.  (a)  Prima facie evidence.   A
certificate of the officer in charge of the census of the United States,
attested by the United States secretary of commerce, giving  the  result
of  the  census is, except as hereinafter provided, prima facie evidence
of such result.
(b) Conclusive evidence. Where  the  population  of  the  state  or  a
subdivision,  or  a portion of a subdivision of the state is required to
be determined according to the federal or state  census  or  enumeration
last preceding a particular time, a certificate of the officer in charge
of  the  census  of  the  United  States,  attested by the United States
secretary of commerce, as to such population as shown  by  such  federal
census, or a certificate of the secretary of state as to such population
as  shown  by  such  state  enumeration,  is conclusive evidence of such
population.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4531 - Affidavit of Service or Posting Notice by Person Unavailable at Trial.

Rule   4531.   Affidavit  of  service  or  posting  notice  by  person
  unavailable at trial. An affidavit by a person  who  served,  posted  or
  affixed  a  notice,  showing  such service, posting or affixing is prima
  facie evidence of the service, posting or affixing  if  the  affiant  is
  dead,  mentally  ill or cannot be compelled with due diligence to attend
  at the trial.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4532 - Self-Authentication of Newspapers and Periodicals of General Circulation.

Rule  4532.  Self-authentication  of  newspapers  and  periodicals  of
  general circulation. Extrinsic evidence of authenticity as  a  condition
  precedent  to  admissibility  is  not  required  with respect to printed
  materials  purporting  to  be  newspapers  or  periodicals  of   general
  circulation;  provided  however,  nothing  herein  shall  be  deemed  to
  preclude or limit the right of a party to challenge the authenticity  of
  such  printed  material,  by  extrinsic  evidence or otherwise, prior to
  admission by the court or to raise the issue of authenticity as an issue
  of fact.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4532-A - Admissibility of Graphic, Numerical, Symbolic or Pictorial Representations of Medical or Diagnostic Tests.

Rule   4532-a.   Admissibility  of  graphic,  numerical,  symbolic  or
pictorial representations of medical or  diagnostic  tests.  A  graphic,
numerical,  symbolic  or  pictorial  representation  of the results of a
medical or diagnostic  procedure  or  test  is  admissible  in  evidence
provided:
(1)  the  name  of  the  injured  party, the date when the information
constituting   the   graphic,   numerical,   symbolic    or    pictorial
representation was taken, and such additional identifying information as
is customarily inscribed by the medical practitioner or medical facility
is   inserted   on   such  graphic,  numerical,  symbolic  or  pictorial
representation; and
(2) (a) the representation has been previously received or examined by
the party or parties against whom it is being offered; or
(b)(i) at least ten days before the date of trial of the  action,  the
party  intending to offer such graphic, numerical, symbolic or pictorial
representation as a proposed exhibit serves upon the  party  or  parties
against  whom  said  proposed  exhibit  is  to  be  offered, a notice of
intention to offer such proposed exhibit in evidence  during  the  trial
and that the same is available for inspection; and
(ii)   the   notice  aforesaid  is  accompanied  by  an  affidavit  or
affirmation of  such  physician  identifying  such  graphic,  numerical,
symbolic  or  pictorial  representation and attesting to the identifying
information  inscribed   thereon,   attesting   that   the   identifying
information inscribed thereon is the same as is customarily inscribed by
the  medical  practitioner  or  facility, and further attesting that, if
called as a witness in the action, he or she would so testify.
Nothing  contained  in  this  rule,  however,   shall   prohibit   the
admissibility   of   a   graphic,   numerical,   symbolic  or  pictorial
representation in evidence where otherwise admissible.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4532-B - Enacted Without Section Heading

§  4532-b.  An  image,  map, location, distance, calculation, or other
  information taken from a web mapping service, a global satellite imaging
  site, or an internet mapping tool, is admissible  in  evidence  if  such
  image,  map,  location,  distance,  calculation,  or  other  information
  indicates the date such material was created and subject to a  challenge
  that   the   image,  map,  location,  distance,  calculation,  or  other
  information taken from a web mapping service, a global satellite imaging
  site, or an internet mapping tool does not fairly and accurately portray
  that which it is being offered to prove. A party intending to offer such
  image or information in evidence at a trial or hearing shall,  at  least
  thirty  days  before  the  trial or hearing, give notice of such intent,
  providing a copy or specifying the internet address at which such  image
  or information may be inspected. No later than ten days before the trial
  or hearing, or later for good cause shown, a party upon whom such notice
  is served may object to the request to admit into evidence such image or
  information,  stating the grounds for the objection. Unless objection is
  made pursuant to this subdivision, the court shall take judicial  notice
  and admit into evidence such image, map, location, distance, calculation
  or other information.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4533 - Market Reports.

Rule  4533. Market reports. A report of a regularly organized stock or
  commodity market published in  a  newspaper  or  periodical  of  general
  circulation or in an official publication or trade journal is admissible
  in  evidence to prove the market price or value of any article regularly
  sold or dealt in on such market. The circumstances of the preparation of
  such a report may be shown to affect its  weight,  but  they  shall  not
  affect its admissibility.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4533-A - Prima Facie Proof of Damages.

Rule  4533-a.  Prima  facie  proof  of  damages.  An  itemized bill or
  invoice, receipted or marked paid, for services or repairs of an  amount
  not  in  excess of two thousand dollars is admissible in evidence and is
  prima facie evidence of the  reasonable  value  and  necessity  of  such
  services  or  repairs  itemized  therein in any civil action provided it
  bears a  certification  by  the  person,  firm  or  corporation,  or  an
  authorized  agent or employee thereof, rendering such services or making
  such repairs  and  charging  for  the  same,  and  contains  a  verified
  statement that no part of the payment received therefor will be refunded
  to  the  debtor, and that the amounts itemized therein are the usual and
  customary rates charged for such services or repairs by the  affiant  or
  his  employer;  and  provided  further that a true copy of such itemized
  bill or invoice together with a notice of intention  to  introduce  such
  bill  or invoice into evidence pursuant to this rule is served upon each
  party at least ten days before the trial.  No  more  than  one  bill  or
  invoice  from  the  same  person, firm or corporation to the same debtor
  shall be admissible in evidence under this rule in the same action.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4533-B - Proof of Payment by Joint Tort-Feasor.

Rule  4533-b.  Proof of payment by joint tort-feasor. In an action for
  personal injury, injury to property or for wrongful death, any proof  as
  to  payment  by  or  settlement  with  another joint tort-feasor, or one
  claimed to be a joint tort-feasor, offered by a defendant in  mitigation
  of  damages,  shall  be  taken out of the hearing of the jury. The court
  shall deduct the proper amount, as determined pursuant to section 15-108
  of the general obligations law, from the award made by the jury.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4534 - Standard of Measurement Used by Surveyor.

Rule  4534.  Standard  of  measurement  used  by surveyor. An official
  certificate of any state, county, city, village or town  sealer  elected
  or  appointed  pursuant to the laws of the state, or the statement under
  oath of a surveyor, that the chain or measure used by him  conformed  to
  the state standard at the time a survey was made is prima facie evidence
  of  conformity,  and an official certificate made by any sealer that the
  implement used in measuring such chain or  other  measure  was  the  one
  provided  the sealer pursuant to the provisions of the laws of the state
  is prima facie evidence of that fact.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4536 - Proof of Writing by Comparison of Handwriting.

Rule  4536. Proof of writing by comparison of handwriting.  Comparison
  of a disputed writing with any writing proved to the satisfaction of the
  court to be the handwriting of the  person  claimed  to  have  made  the
  disputed writing shall be permitted.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4538 - Acknowledged, Proved or Certified Writing; Conveyance of Real Property Without the State.

Rule  4538.  Acknowledged,  proved or certified writing; conveyance of
  real property without the state. Certification of the acknowledgment  or
  proof  of  a writing, except a will, in the manner prescribed by law for
  taking and certifying the acknowledgment or proof  of  a  conveyance  of
  real  property  within  the  state  is  prima facie evidence that it was
  executed by the person who purported to do  so.  A  conveyance  of  real
  property,  situated  within  another state, territory or jurisdiction of
  the United States, which has been duly authenticated, according  to  the
  laws  of  that  state,  territory  or  jurisdiction, so as to be read in
  evidence in the courts thereof, is admissible in evidence in the state.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4539 - Reproductions of Original.

Rule   4539.   Reproductions   of   original.  (a)  If  any  business,
institution, or member of a profession or calling, in the regular course
of business or activity has made, kept or recorded any  writing,  entry,
print  or  representation  and  in  the  regular  course of business has
recorded,  copied,  or  reproduced  it   by   any   process,   including
reproduction,  which accurately reproduces or forms a durable medium for
reproducing  the  original,  such  reproduction,   when   satisfactorily
identified,  is  as  admissible in evidence as the original, whether the
original is in existence or not, and an enlargement or facsimile of such
reproduction is admissible in evidence if the original  reproduction  is
in  existence and available for inspection under direction of the court.
The introduction of a reproduction does not preclude  admission  of  the
original.
(b) A reproduction created by any process which stores an image of any
writing,  entry,  print  or  representation  and  which  does not permit
additions, deletions, or  changes  without  leaving  a  record  of  such
additions,  deletions,  or  changes,  when  authenticated  by  competent
testimony or affidavit which shall include the manner or method by which
tampering or degradation of the reproduction is prevented, shall  be  as
admissible in evidence as the original.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4540 - Authentication of Official Record of Court or Government Office in the United States.

Rule  4540.  Authentication  of official record of court or government
office  in  the  United  States.  (a)  Copies  permitted.  An   official
publication,  or a copy attested as correct by an officer or a deputy of
an officer having legal custody of an  official  record  of  the  United
States  or of any state, territory or jurisdiction of the United States,
or of any of its courts, legislature, offices, public bodies  or  boards
is prima facie evidence of such record.
(b) Certificate of officer of the state. Where the copy is attested by
an officer of the state, it shall be accompanied by a certificate signed
by, or with a facsimile of the signature of, the clerk of a court having
legal  custody  of the record, and, except where the copy is used in the
same court or before one of its officers, with the  seal  of  the  court
affixed;  or  signed  by,  or  with a facsimile of the signature of, the
officer having legal custody of the original, or his  deputy  or  clerk,
with his official seal affixed; or signed by, or with a facsimile of the
signature  of,  the  presiding officer, secretary or clerk of the public
body or board and,  except  where  it  is  certified  by  the  clerk  or
secretary  of either house of the legislature, with the seal of the body
or board affixed. If the certificate is made  by  a  county  clerk,  the
county seal shall be affixed.
(c)  Certificate of officer of another jurisdiction. Where the copy is
attested by an officer of another jurisdiction, it shall be  accompanied
by  a certificate that such officer has legal custody of the record, and
that his signature is believed to be genuine, which certificate shall be
made by a judge of a court  of  record  of  the  district  or  political
subdivision  in  which  the  record  is kept, with the seal of the court
affixed; or by any public officer having a seal  of  office  and  having
official  duties  in that district or political subdivision with respect
to the subject matter of  the  record,  with  the  seal  of  his  office
affixed.
(d)  Printed  tariff  or  classification  subject  to  public  service
commission,  commissioner  of  transportation  or  interstate   commerce
commission.  A  printed copy of a tariff or classification which shows a
public service commission or commissioner of  transportation  number  of
this  state  and  an  effective  date,  or a printed copy of a tariff or
classification which shows an interstate commerce commission number  and
an effective date, is admissable in evidence, without certification, and
is prima facie evidence of the filed original tariff or classification.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4540-A - Presumption of Authenticity Based on a Party's Production of Material Authored or Otherwise Created by the Party.

Rule 4540-a. Presumption of authenticity based on a party's production
  of  material  authored  or  otherwise  created  by  the  party. Material
  produced by a  party  in  response  to  a  demand  pursuant  to  article
  thirty-one of this chapter for material authored or otherwise created by
  such  party shall be presumed authentic when offered into evidence by an
  adverse party. Such presumption may be rebutted by  a  preponderance  of
  evidence  proving such material is not authentic, and shall not preclude
  any other objection to admissibility.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4541 - Proof of Proceedings Before Justice of the Peace.

Rule  4541.  Proof  of proceedings before justice of the peace. (a) Of
the state. A transcript from the docket-book of a justice of  the  peace
of  the  state,  subscribed  by  him, and authenticated by a certificate
signed by the clerk of the county in which the justice resides, with the
county seal affixed, to the  effect  that  the  person  subscribing  the
transcript  is  a  justice  of  the peace of that county, is prima facie
evidence of any matter stated in the transcript which is required by law
to be entered by the justice in his docket-book.
(b) Of another state. A transcript from the docket-book of  a  justice
of  the  peace  of another state, of his minutes of the proceedings in a
cause, of a judgment rendered by him, of an execution issued thereon  or
of the return of an execution, when subscribed by him, and authenticated
as  prescribed  in  this  subdivision  is  prima  facie  evidence of his
jurisdiction in the cause and of the matters shown  by  the  transcript.
The transcript shall be authenticated by a certificate of the justice to
the  effect  that  it  is  in  all  respects  correct  and  that  he had
jurisdiction of the cause; and also by a certificate  of  the  clerk  or
prothonotary  of  the  county  in  which  the  justice resides, with his
official seal affixed, to the effect that  the  person  subscribing  the
certificate attached to the transcript is a justice of the peace of that
county.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › R4542 - Proof of Foreign Records and Documents.

Rule 4542. Proof of foreign records and documents. (a) Foreign record.
A  foreign official record, or an entry therein, when admissible for any
purpose, may be evidenced by an official publication thereof; or a  copy
thereof,  attested  by  a person authorized to make the attestation, and
accompanied by a final  certification  as  to  the  genuineness  of  the
signature and official position
1. of the attesting person, or
2.  of  any  foreign  official  whose  certificate  of  genuineness of
signature and official position
(i) relates to the attestation, or
(ii) is in a chain of certificates of  genuineness  of  signature  and
official position relating to the attestation.
(b)  Final  certification.  A  final  certification  may  be made by a
secretary of an  embassy  or  legation,  consul  general,  consul,  vice
consul,  or  consular  agent  of  the  United States, or a diplomatic or
consular official of the foreign country assigned or accredited  to  the
United  States.  If reasonable opportunity has been given to all parties
to investigate the authenticity and accuracy of the documents, the court
may, for  good  cause  shown,  admit  an  attested  copy  without  final
certification,  or permit the foreign official record to be evidenced by
an attested summary with or without a final certification.
(c) Lack of record. A written statement that after diligent search  no
record  or  entry of a specified tenor was found to exist in the foreign
records designated by the statement, authenticated  in  compliance  with
the  requirements  set forth in subdivisions (a) and (b) for a copy of a
foreign record is admissible as evidence that  the  records  contain  no
such record or entry.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4543 - Proof of Facts or Writing by Methods Other Than Those Authorized in This Article.

§  4543.  Proof  of  facts  or  writing  by  methods  other than those
  authorized in this article. Nothing in this article prevents  the  proof
  of  a  fact  or  a  writing  by  any method authorized by any applicable
  statute or by the rules of evidence at common law.
2023 New York Laws › CVP - Civil Practice Law and Rules › Article 45 - Evidence › 4544 - Contracts in Small Print.

§  4544. Contracts in small print. The portion of any printed contract
  or agreement involving a consumer transaction or a lease for space to be
  occupied for residential purposes where  the  print  is  not  clear  and
  legible  or  is  less  than  eight  points in depth or five and one-half
  points in depth for upper case type may not be received in  evidence  in
  any  trial,  hearing or proceeding on behalf of the party who printed or
  prepared such contract or agreement, or who  caused  said  agreement  or
  contract to be printed or prepared. As used in the immediately preceding
  sentence,  the  term  "consumer transaction" means a transaction wherein
  the money, property or service which is the subject of  the  transaction
  is primarily for personal, family or household purposes. No provision of
  any  contract  or agreement waiving the provisions of this section shall
  be effective.   The provisions  of  this  section  shall  not  apply  to
  agreements or contracts entered into prior to the effective date of this
  section.