CPLR 4518(a) sets forth the business records exception to the hearsay rule. It is undoubtedly the most frequently invoked hearsay exception at trial and on summary judgment motions. As a result, evidentiary rulings regarding admissibility of documents under the statute are frequent appellate issues, especially with respect to police records/reports sand hospital records. This has been especially true during the past few months. Three Second Department decisions are worthy of discussion as they focus on aspects of the exception that are frequently overlooked or misunderstood by litigants.

'Sabirov'

In People v. Sabirov, 184 A.D.3d 714 (2d Dept. 2020), defendant was charged with sexual abuse of two females based upon improper touching of them inside a subway station. At trial, he sought an intoxication charge, based upon statements in a Desk Appearance Ticket Investigation form (DAT form) prepared by the arresting officer and an Early Case Assessment Bureau sheet (ECAB sheet) apparently created by the Police Department or the District Attorney's office, which documents indicated defendant was intoxicated at the time of the alleged incident.