The trial court properly excluded from evidence invoices from a non-party which plaintiff sought to admit as business records without supportive testimony from a representative of the non-party. Absent testimony from the non-party, plaintiff was required to establish through testimony or otherwise that it had knowledge of the nonparty's business or billing practices or routinely used the invoices in its business; because it did not do so the invoices did not qualify for the business record exception, pursuant to CPLR 4518. In any event, the excluded invoices were not relevant, given that they did not purport to describe any defects or damage allegedly caused by defendant.
901 Props., LLC vs. Bear Glass Inc., NY Slip Op 06380 (1st Dep't October 29, 2026)
