CPLR R. 4518 Business records
Cheul Soo Kang v Violante, 2009 NY Slip Op 02558 (App. Div., 2nd, 2009)
The trial court erred in admitting a police accident report into
evidence. The report did not qualify for admission pursuant to CPLR
4518(c) because it was not certified, and no foundation testimony
establishing its authenticity and accuracy was offered (see DeLisa v Pettinato, 189 AD2d 988; Matter of Peerless Ins. Co. v Milloul,
140 AD2d 346). Furthermore, the statements in the report attributed to
the plaintiff and defendant driver constituted inadmissable hearsay (see Carr v Burnwell Gas of Newark, Inc., 23 AD3d 998, 1000; Hatton v Gassler, 219 AD2d 697). The error cannot be considered harmless.
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