Computerized Rent Records Admissible

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the court shouldn't consider landlord's computer record showing her rent history as evidence. Tenant argued that the record was ''hearsay.'' She claimed that the employee from landlord's office who stated at trial that the computer record was a business record had no direct knowledge of landlord's recordkeeping system. The court ruled that the computer record was admissible evidence. Landlord's employee testified believably that she appears regularly in court as landlord's agent and that she'd personally input tenant's payment information and produced the printout. The printout itself did qualify as a business record: It reflected a regularly conducted business activity, was relied on in the performance of functions in the management office, was made pursuant to established procedures, and was made at or about the same time tenant made rent payments.

Tenshore Realty v. McEachnie: NYLJ, p. 35, col. 1 (2/15/95) (Civ. Ct. Kings; Rivera, J.)