New York A 8812: Relates to requiring the department of transportation to maintain a website or webpage where users may report defects on state highways and bridges

Bill Text

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A08812 Summary:

BILL NOA08812 

&nbsp

SAME ASNo Same As

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SPONSORShimsky

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COSPNSR

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MLTSPNSR

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Amd R4518, CPLR

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Provides additional requirements for certain writings and records to be admissible under the business records hearsay exception.

Go to top A08812 Actions:

BILL NOA08812 

&nbsp

06/09/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08812 Committee&nbspVotes:

Go to topA08812 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08812 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8812

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 9, 2025
 ___________

 Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
 tee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to the
 business records exception to hearsay

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of rule 4518 of the civil practice law and
 2 rules, as amended by chapter 741 of the laws of 2005, is amended to read
 3 as follows:
 4 (a) Generally. 1. Any writing or record, whether in the form of an
 5 entry in a book or otherwise, made as a memorandum or record of any act,
 6 transaction, occurrence or event, shall be admissible in evidence in
 7 proof of that act, transaction, occurrence or event, if the judge finds:
 8 (i) that it was made in the regular course of any business [and]; (ii)
 9 that it was the regular course of such business to make it[,]; (iii)
 10 that the entry was made at the time of the act, transaction, occurrence
 11 or event, or within a reasonable time thereafter; and (iv) that the
 12 writing or record was made upon the recorder's own personal knowledge or
 13 from information given to the recorder by someone with personal know-
 14 ledge and a business duty to transmit the information accurately or from
 15 information received by the recorder which is subject to an exception to
 16 the rule barring the admission of hearsay. For a hospital or medical
 17 office record, the entry must also be germane to the patient's treatment
 18 or diagnosis.
 19 2. An electronic record, as defined in section three hundred two of
 20 the state technology law, used or stored as such a memorandum or record,
 21 shall be admissible in a tangible exhibit that is a true and accurate
 22 representation of such electronic record.
 23 3. The court may consider the method or manner by which the electronic
 24 record was stored, maintained or retrieved in determining whether the
 25 exhibit is a true and accurate representation of such electronic record.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11844-01-5

 A. 8812 2

 1 All other circumstances of the making of the memorandum or record,
 2 including lack of personal knowledge by the maker, may be proved to
 3 affect its weight, but they shall not affect its admissibility. The term
 4 business includes a business, profession, occupation and calling of
 5 every kind.
 6 § 2. This act shall take effect immediately.

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