N.Y. Civil Practice Law & Rules § 4518: 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.