Friday, December 7, 2012

Admissibility of third-party business records.

Practice point: The court admitted into evidence certain third-party business records pursuant to the party admission exception to the hearsay rule. The documents were bills of lading generated by defendant's agent, a stevedore, in the course of its duties for defendant, and were therefore receivable against defendant.

Student note: The documents were also admissible as third-party business records. While no representative of the stevedore testified as to the foundation for their introduction into evidence, the bills of lading were created in the agent's performance of its contractual duties and therefore were sufficiently reliable to be admissible without such testimony.

Case: K & K Enters., Inc. v. Stemcor USA Inc., NY Slip Op 07394 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Stipulations.