September 19, 2025

Hearsay.

A proper foundation for the admission of a business record must be provided by someone with personal knowledge of the maker's business practices and procedures. Computations based on a review of unidentified and unproduced business records constitute inadmissible hearsay and lack probative value.

Bank of Am., N.A. v. Barnett, NY Slip Op 04861 (2d Dep't September 10, 2025)

Here is the decision.