CPLR 4518

Practice point: The mere fact that a report is a business record, within the meaning of the statute, does not overcome any other exclusionary rule which might properly be invoked.

Case: Afridi v. Glen Oaks Village Owners, Inc., NY Slip Op 02085 (2d Dept. 2008)

Facts: Infant plaintiff had been seriously burned by hot water from a faucet in the bathroom of her family's apartment, and plaintiffs brought an action against the cooperative corporation which owned the apartment, alleging negligence in supplying excessively hot water. The trial court properly excluded from evidence a section of a police report indicating that, 12 days after the accident, the hot water from the faucet registered a temperature of 160 degrees Fahrenheit. Plaintiffs failed to establish a proper foundation for the report's admission, in that, among other things, the report did not specify any details about how the temperature measurement was made.