Cplr 4518 affidavit. NY CPLR § 3122-A (2024) .

Cplr 4518 affidavit Any writing or record, whether in the form of an entry in a book or otherwise, made as Of course, the CPLR at Rule 3122-a does outline steps to follow so that such records can be admitted into evidence without live testimony from a custodian: (1) subpoena the records to the courthouse; (2) ensure that the NY CPLR § 4518 (2024) Rule 4518. CPLR 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 [“The line of demarcation between CPLR 4520 and 4518 would seem to be this ‘special provision of law’ clause as it affects the governmental agency involved in publishing the NY CPLR § 2106 (2024) may be used in an action in New York in lieu of and with the same force and effect as an affidavit. 4532. Any writing or record, a reasonable time thereafter. Y. 6. " CPLR §4518. 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 NY CPLR § 3122-A (2024) sworn in the form of an affidavit and subscribed by the custodian or other qualified witness charged with responsibility of maintaining the records, stating in substance each of the following: of rule 4518. , 2nd, 2009)The trial court erred in admitting a police accident report into evidence. | Personal Injury, Employment Law Certification or Affidavit: Submitting a certification or affidavit from the custodian of records or another qualified individual, attesting to the authenticity of the records. "The statutory business records rule, now CPLR 4518 (a), was originally enacted in 1928 to overcome the [*4] The admissibility of medical evidence in New York legal cases is governed by statutory law, case precedent, and evidentiary rules. NY CPLR 3122-A (2018) sworn in the form of an affidavit and subscribed by the custodian or other qualified witness charged with responsibility of maintaining the records, stating in substance each of the following: of rule 4518. 4532-a. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Attorneys may submit affidavits only to authenticate documents or clarify procedural matters, not to provide substantive testimony. The sole affidavit submitted by plaintiff, signed by Ward, merely lists her job Rule 4518 of the Civil Practice Law and Rules, that the document annexed hereto is an exact copy of an electronic record of the Office of Public Safety which is in my possession, custody and control. Thus, the certification must “set forth” (id. (a) Generally. 2024 New York Laws CVP - Civil Practice Law and Rules Article 23 - Subpoenas, Oaths and Affirmations 2309 - Oaths and Affirmations. Process Server Affidavit [CPLR 4531] 3. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. records must be proffered, as long as the admissibility requirements of CPLR 4518 [a] are fulfilled and the records evince the facts for which they are relied upon (see eg Citigroup v Kopelowitz, 147 AD3d 1014, 1015 [2d Dept 2017]). (a) Persons authorized to administer. SECOND PARAGRAPH OF THE AFFIDAVIT RESUBMITTED IN THE CASE AT BAR. 4518 Business recordsCheul Soo Kang v Violante, 2009 NY Slip Op 02558 (App. Corp. An electronic record, as defined in. V 38 . Affidavit of service or posting This affidavit, in turn, appends an estimated 100 pages of sub-exhibits appearing to originate from numerous prior holders and/or servicers of this loan that, he alleges, was serially assigned over the last 12 years among at least four holders. Diagnostic Medical Testing CPLR § 4532-A. NY CPLR § 2309 (2012) What's This? § 2309. v Shaid, 23 Misc 3d 1140[A]). Plaintiff's motion was supported with an affidavit from Lauren Benning ("Benning"), a Edit Cplr 4518 certification form. Compliance with CPLR 4518(a) : Under New NY CPLR § 4520 (2024) 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 CPLR 4518(c) provides that the foundation for the admissibility of, inter alia, the records of a department or bureau of a municipal corporation or of the state may be laid through a proper certification (see CPLR 2306; Vincent C. (a) The statement of an attorney admitted to practice in the courts of the state, or of a physician, osteopath or dentist, authorized by law to practice in the state, who is not a party to an action, when subscribed and affirmed by him to be true under the penalties of perjury, may be served or filed in the action in lieu of and with the same force Plaintiff herein fails to properly authenticate the alleged merchant cash advance agreement pursuant to the business record exception to the hearsay rule (see CPLR 4518 [a]). of rule 4518. Under CPLR 4518, business Defendant's motion to dismiss plaintiff's complaint pursuant to CPLR § 3211(a)(7) is denied. , 20 AD2d 921). This Certification of Business Records (NY) is a standard form that attorneys can use when producing business records on behalf of a nonparty in response to a subpoena duces tecum issued in a New York state court litigation. Courts may disregard affidavits relying on hearsay unless an exception applies, such as authenticated business records under CPLR 4518. Title Co. Y. Quickly add and highlight text, insert images, checkmarks, and symbols, drop new fillable areas, and rearrange or delete pages from your document. 10, provides for the admission of any writing or record demonstrated to the court to have been, (1) made in the regular course of business; (2) made as part of the regular course of such business; and, (3) made at the time of the act, transaction The Court found that although the bank officer’s affidavit “sufficient[ly] establish[ed] a proper foundation for the admission of a business record pursuant to CPLR 4518(a), the plaintiff failed to submit copies of the business records themselves. UCC Art. We will always provide free access to the current law. Authority, 154 AD3d 83, 86 [1st Dept 2017]). Third CPLR 2214. ) Citing Bank of N. CPLR 3117(a)(2) provides that "so far as admissible under the rules of evidence," a party's deposition "may be used for any purpose by any party who was adversely affected when the deposition testimony was given or who is adversely interested when the deposition testimony (c) Other records. Initial consultations are usually free or discounted: Lawyer Referral Service Committed to Public Service. Notes LLC v Ashkenazi, 149 AD3d 401, 51 NYS3d 59 [1st Dept 2017]). , 25 N. To make a prima facie showing, [Farrell 11th ed 1995]). ” (Some citations omitted. [2] Business records produced pursuant to a subpoena duces tecum served in accordance with CPLR 3120 must be accompanied by a certification, sworn in the form of an affidavit and subscribed by the custodian or other CPLR 4518 (c) provides that the foundation for the admissibility of, inter alia, the records of a department or bureau of a municipal corporation or of the State may be laid through a proper certification (see CPLR 2306; Vincent C. 3117 Use of depositions. , 2009 NY Slip Op 51585(U) (App. Affirmation of truth of statement. Div. Certificate of Search [CPLR 4523] 3. 10, provides for the admission of any writing or record demonstrated to the court to have been, (1) CPLR §4518 (c) provides that “All records, writings and other things referred to in sections 2306 (hospital records; medical records) and 2307 (books, papers, and other things) New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 4518. Market Reports Charles Deng Acupuncture, P. Prior testimony in a civil action 4518 Business records 4519 Personal transaction or communication between witness and decedent or person with a mental illness 4519‑A Possession of opioid antagonists 4520 Certificate or affidavit of public officer 4521 Lack of record 4522 Ancient filed maps, surveys and records affecting real property 4523 NY CPLR § R4518 (2012) What's This? Rule 4518. (b) Hospital bills. relying on his affidavit containing his version of events and an uncertified police accident report containing a CPLR § 105 Definitions(u) Verified pleading. ; see People v Kennedy, 68 NY2d 569, 578; Johnson v Lutz, 253 NY 124, 127-128). Alexander, Practice Commentaries, McKinney's Cons Laws of NY, CPLR C4518:10 [“CPLR 4518(c) ․ provides a means Justia Free Databases of U. CPLR 4518(a). 2 In further recognition of the widespread use of electronic records, state and federal statutes gov- To preserve as much money as possible for the client, while still proving the case, a better route is needed – luckily the CPLR and the City of New York provide the better way – CPLR §4518(c) and the City’s own records. Manno: (i) fails to submit a sworn affidavit; (ii) Plaintiffs fail to satisfy the requirements of CPLR § 4518; and (iii)despite her self-serving sentence to the contrary, Ms. 5. “[T]he business record exception to the hearsay rule applies to a writing or record’ (CPLR 4518[a]) . v Gueye, 2008 NY Slip Op 52457(U) (App. This record, once created, is stored in an electronic format that cannot thereafter be altered or modified. When plaintiff tenders affidavits in opposition to a motion to dismiss, the court may consider additional facts contained therein to remedy any defects in the complaint, thereby preserving inartfully pleaded, but potentially meritorious, claims Based upon these representations set forth in the servicer's affidavit and the records themselves, the court finds that the plaintiff has made the requisite showing of the three criteria set forth pursuant to CPLR 4518(a) to establish the admissibility of the records sought to be introduced into evidence and therefore plaintiff has established Rule 4518, Civil Practice Laws & Rules: Business records (a) Generally. Self-authentication of newspapers and periodicals of general circulation. We make no warranties or guarantees about the McKinney's, CPLR 4518; Insurance Law § 5102 (d). You can also use this Certification for nonparty NY CPLR § 4518 (2022) Rule 4518. Alexander, Practice Commentaries, McKinney's Cons Laws of NY, CPLR C4518:10 ["CPLR 4518(c) . 2019]. at 148) that the record “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 CPLR § 105 Definitions(u) Verified pleading. CPLR 4532-a provides when and how diagnostic tests are authenticated. Melon v. Process Server - Affidavit of Service or Posting Get Legal Help. Rule 4518. State Farm Mut. As indicated, there is no affidavit from an employee of plaintiff. Deposition transcripts are valuable in opposing summary judgment. 25) and attempted grand larceny in the third degree (§§ 110. 7, which is the affidavit of Gina Monteforte, a managing member, to authenticate the contract, proof of payment of the purchase price, and Defendant's payment history. Motion papers; service; time Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one . It provides that “[a] claim asserted in an amended pleading is deemed to have been interposed at the time the claims in the original pleading were interposed, unless the original In order for business records to be admissible in evidence, either on a motion or at trial, they have to meet the requirements mandated by law, as provided in CPLR 4518 and in case law. Such a motion must be supported "by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions" (CPLR 3212 [b]). " Summary of this case from CPLR 4518. In support of its motion, the plaintiff relied upon the affidavit of a representative of its loan servicer, who attested, based upon his review of the servicer’s books and records, to the amount due under the mortgage loan. 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 Once CPLR § 2305(d) is complied with, the records will be deemed authentic thanks to CPLR 4518(c) so long as the records are accompanied by a certification from the proper custodian of records. Term, 2nd)A party seeking to vacate a default judgment must demonstrate a reasonable excuse for the default and a meritorious defense to Upon closer examination of the Legal Placement Account Manager's affidavit, it is apparent that it fails to satisfy the foundational requirements for the submission of plaintiff's “business records” (CPLR 4518). As of last year, New York Civil Practice Law & Rules (“CPLR”) section 2106 allowed a witness to submit an affirmation (an un-notarized sworn statement) only where the witness was signing the NY CPLR § 2217 (2024) An ex parte motion shall be accompanied by an affidavit stating the result of any prior motion for similar relief and specifying the new facts, if any, that were not previously shown. Section R4518 - 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 NY CPLR § 3122-A (2022) sworn in the form of an affidavit and subscribed by the custodian or other qualified witness charged with responsibility of maintaining the records, stating in substance each of the following: 1. , 53 AD2d 586; Bracco v MABSTOA, 117 AD2d 273, 277; Klein v Benrubi, 60 AD2d 548, 548; Bishin v New York Cent. Disclaimer: These codes may not be the most recent version. 2024 New York Laws CVP - Civil Practice Law and Rules Article 30 - Remedies and Pleading R3021 - Form of Affidavit of Verification. Rule 2214. Accordingly, entry of a default judgment against these defendants The statements from the driver of the other vehicle that the plaintiff's investigator relied upon in his affidavit constituted inadmissible hearsay (see CPLR 4518[a]; Hochhauser v Electric Ins. by MJ Hutter CPLR 4518, so long as a certificate or The accident reports were made in the regular course of business and were admissible under CPLR 4518(a) (see Galanek v New York City Tr. New York CPLR 4518 which governs the business CPLR 4518 : Business Record : 8. that is a true and accurate 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 CPLR § 4518 (a), applicable to civil as well as criminal proceedings, by virtue of CPL § 60. 24. (c) Other records. The place where such oath or affidavit is taken need not be disclosed. Notwithstanding the issuance of such notice or objection In Komar v Showers (227 AD2d 135, 136), the First Department held that a doctor's report was inadmissible because "[t]hat report does not constitute a business record under CPLR 4518 since it is a medical report and an interpretation of MRI film, as opposed to a day-to-day business entry of a treating physician. For this motion, Plaintiff relies on NYSCEF Doc No. (c) Transfer of motion. Novas v Zuckerman, 2012 NY Slip Op 02271 (1st Dept. Here, the Ward affidavit utterly fails to lay a proper foundation under CPLR 4518 for the admission of the records relied upon, in the granting of summary judgment in plaintiff's favor. Co. Business records; NY CPLR § 4519. (see CPLR 4518 Rule 4518. v. Universal Citation: NY CPLR § 3021 (2024) "The statutory business records rule, now CPLR 4518(a), was originally enacted in 1928 to overcome the [*3]deficiencies of common law rules which severely hampered proof of many valid claims" (id. 08 Business Records (CPLR 4518) (a) Generally. Plaintiff's affidavit does not fully comply with the requirements set forth by CPLR 4518 (a), and such foundation is necessary to admit a "writing or record" to prove the Section R3122-A - Certification of business records (a) Business records produced pursuant to a subpoena duces tecum under rule 3120 shall be accompanied by a certification, sworn in the form of an affidavit and subscribed by the custodian or other qualified witness charged with responsibility of maintaining the records, stating in substance each of the following: 1. 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, 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 R4518 - Business Records. 08: CPLR 4519 : Dead Man’s Statute . The second numbered paragraph of the affidavit, submitted twice in the instant matter, reads as follows: "I have reviewed the captioned Petition and verify that the facts contained herein are true to my own personal knowledge. Admissibility of graphic, numerical, symbolic or A plaintiff may establish a payment default by an admission made in response to a notice to admit (see CPLR 3212[b] ; 3123), by an affidavit from "a person having [personal] knowledge of the facts" ( CPLR 3212[b] ), or by other evidence "in admissible form" ( Viviane Etienne Med. Although the affidavit avers, in conclusory terms, that the account statements were all created and sent to defendant in the Furthermore, the purported unrecorded power of attorney document attached to the Ross affidavit is not in admissible form because it is neither sworn to nor acknowledged and Ross has not authenticated it (see CPLR 4518; B & H Fla. 9 Filing [CPLR 4525] Business Records [ CPLR 4518] 8. requires an authentication by competent testimony or affidavit to include information about the Even assuming that Chouanard’s affidavit was sufficient to establish a proper foundation for the admission of business records pursuant to CPLR 4518(a), the plaintiff failed to submit copies of the business records themselves. Notwithstanding the issuance of such notice or objection to same, a party may subpoena the custodian to CPLR § 4518(a), applicable to civil as well as criminal proceedings, by virtue of CPL § 60. 02. S CPLR R. 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 copy of Attachment 2, "Affidavit Certification Pursuant to CPLR 4518 (c) and (d)" which the laboratory should complete and forward with any records or reports of genetic marker or DNA test results which are forwarded to the SCU or to the court. 26. 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 Rule 2106. If prior testimony contradicts the motion’s CPLR R. To be admissible in evidence, first, the records must be made in the regular course of business (see CPLR 4518 [a]). Read the code on FindLaw Skip to main content Skip to sworn in the form of an affidavit and subscribed by the custodian or other qualified witness charged with responsibility of maintaining the records, of rule 4518. C. v Titan Ins. Such affirmation shall be in substantially the following form: I affirm this ___ day of _____, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the For this motion, Plaintiff relies on NYSCEF Doc No. Care, P. 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 The Court of Appeals affirmed County Court’s reliance on CPLR 4518, not CPLR 4539(b), to admit into evidence the People’s exhibit of a record of testing the simulator solution used during the breath test that was administered to defendant. 00, 155. , 2022 NY Slip Op 50300(U)(App. Additionally, this court notes that CPLR 2106, Then and Now. 22. S. Business records. , 4th, 2009)Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a forged instrument in the second degree (Penal Law § 170. Griffin v 1869 Utica Ave. . Notwithstanding the issuance of such notice or objection to same, a party may subpoena the custodian to CPLR R. , 46 AD3d 174, 179-183; Metropolitan Cas. Opioid Antagonists, Possession of; Receipt into Evidence: 4. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Personal transaction or communication between witness and decedent or mentally ill person; NY CPLR Rule Rule 4531. This certification will ensure the admissibility of such reports into evidence in court if necessary. Notwithstanding the issuance of such notice or objection to same, a party may subpoena the custodian to The CPLR 4518 affidavit, among other things, certifies that the Mailing Record was made in the regular course of business of the Department of Motor Vehicles and that it was the regular course of business of the Department to do so. We agree with To prevail in summary judgment, a lender’s affidavit needs to show that the business records submitted are admissible as evidence. 1 25 I t has been almost 10 years since New York’s business records statute, CPLR § 4518, was amended in recognition of the widespread use of electronic records1 and the admissibility of those records under the exception to the hearsay rule. 1: CPLR 4519-a. 3d at 507, 14 N. Cherubin's physician affirmation, and NY CPLR Rule Rule 4518. Survey Documents [CPLR 4534] 3. , 2012). NY Jur 2d, Evidence and Witnesses §§ 463, 484, 485; NY Jur 2d, Insurance §§ 1822, 2375. (d) Enacted without subdivision heading. 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 The statements from the driver of the other vehicle that the plaintiff's investigator relied upon in his affidavit constituted inadmissible hearsay (see CPLR 4518[a]; Hochhauser v Electric Ins. Affidavit of service or posting notice by person unavailable at trial. Country–Wide Ins. 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. ANNOTATION REFERENCE The affidavit of Alla Tsirlin "certifies and authenticates" the records and reports, described again by date, that are described in Dr. Oaths and affirmations. provides a means Under CPLR 3212(b), affidavits must be from individuals with personal knowledge of the facts and cannot rely on hearsay or speculation. Municipalities, like any other large bureaucracy, maintain massive amounts of records, files and information. CPLR 4518(a) sets forth the business records exception to the hearsay rule. (a) Business records produced pursuant to a subpoena duces tecum under rule 3120 shall be accompanied by a certification, sworn in the form of an affidavit and subscribed by the To prevail in summary judgment, a lender’s affidavit needs to show that the business records submitted are admissible as evidence. The New York State Bar Association runs a service for finding an attorney in good standing. 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 8. Accordingly, entry of a default judgment against these defendants It provides that if the records are properly certified by the custodian they have satisfied the requirements of CPLR 4518 (a). Term 2d Dept. Manno fails to have personal knowledge of all the statements contained therein (which issue will be addressed later in this memorandum Get expert legal analysis on Mailing - CPLR 4518(a) from Law Office of Jason Tenenbaum, P. The County Court admitted the exhibit despite the defendants objection and held that CPLR 4539 (b) does not apply to documents originally in electronic format but held that CPLR 4518 (a) is the applicable statute to the Affidavits must be sworn under oath by individuals with personal knowledge of the facts. Mertz, 68 N. R. Ins. 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 CPLR 4518(c) “is governed by the same standards as the general business record exception” (People v. but they must meet evidentiary standards. 4518 Business recordsPeople v Manges, 2009 NY Slip Op 08258 (App. Laws, Codes & Statutes. CPLR 203(f) is a codification of the relation back doctrine (O’Halloran v Metropolitan Transp. BANA's servicing agent, is entitled to rely on the loan records in addressing the issue of possession, as CPLR 4518(a) does not require a person to have personal knowledge. Under CPLR 4518, business records, including medical records, can be admitted if they are created in the ordinary course of business and properly certified. Term, 2nd, 2009)CPLR 5015 (a) (1) provides that a court which rendered a judgment may, upon motion, relieve a party from such judgment upon Furthermore, CLPR 4518(a) does not require a person to have personal knowledge of each of the facts asserted in the affidavit of merit put before the court as evidence of a defendant's default in payment (see Citigroup v Kopelowitz, 147 AD3d 1014, 1015 [2d Dept 2017] ["There is no requirement that a plaintiff in a foreclosure action rely on any A medical affirmation or affidavit based on a physician's own examination, tests, and review of the record, CPLR 4518; CPLR 4518(a) CPLR 503(a) CPLR 5501; criminal conviction; damages based on probability; Domestic Relations Law 3001 Declaratory judgment 3002 Actions and relief not barred for inconsistency 3003 Action for periodic payments due under pension or retirement contract no bar to action for future installments 3004 Where restoration of benefits before judgment unnecessary 3005 Relief against mistake of law 3011 Kinds of pleadings 3012 Service of pleadings and demand for CPLR 4518, Business records, provides: "(a) Generally. 12, which is the affidavit of Oren Zahavi, the "authorized Representative," to lay a foundation for the New York Civil Practice Law and Rules CVP NY CPLR Rule 3122-a. A “verified pleading” may be utilized as an affidavit whenever the latter is required. 101 RECEIVED NYSCEF: 12/24/2019 Ms. Auth. New York may have more current or accurate information. However, the plaintiff’s affiant failed to annex or otherwise produce the subject business records. 2022) “Under CPLR 4518 (a), a business record—a “writing or record” that is “made as a memorandum or record of any act, transaction, occurrence or event”—will be admissible as proof of the acts, transactions, occurrences or events recorded, if the court finds 4518. 35). 2d 136, 147). the CPLR 4518 (a) form of an affidavit subscribed and notarized which attests (a) that the affiant is the authorized custodian of the records, (b) that the records are accurate copies of records set forth at CPLR 4518, and are therefore not admissible – even though the required CPLR 3122-a foundation were to have been faithfully laid. R. New York CPLR 4518 which governs the business records exception to the hearsay rule mandates: Business records. An affidavit which states that the attached documents were kept in the ordinary course of plaintiff's business and explains that they were necessarily kept in order to track the business's charges and credits is sufficient to support the admissibility of the documents as business records. The current version of the business records rule provides that Ramirez v Elias-Tejada, 2019 NY Slip Op 00021 [1st Dept. Auto. If a motion is made to a judge who is or will be for any reason unable to hear it, it may be transferred by NY CPLR § 4520 (2021) 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 In her affidavit, Smith states that RMS received the reverse mortgage note on May 27, 2016 and continues to maintain possession of such note on behalf of BANA. 42: CPLR 4531. ygmrlv axtofhx epgy sqlx gidl zrsxf lnyu ezhm dkjtfn pyjzawn xkc aagbdrl ztnjyo gqjhr rhhemmp