2023 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.