Witness Must Explain Visting Nurse Service Records

June 30, 2011

LVT Number: #23457

Landlord sued to evict rent-controlled tenant's daughter after tenant died. Tenant claimed succession rights. For the trial, landlord subpoenaed municipal, hospital, and Visiting Nurse Service (VSN) records. The daughter objected to the admission of the VSN records, arguing that a witness was needed to introduce those records. She also objected to the admission of statements within the VSN records concerning whether tenant lived alone. The court ruled for the daughter in part. By law, municipal and hospital records could be admitted without an explaining witness.

Landlord sued to evict rent-controlled tenant's daughter after tenant died. Tenant claimed succession rights. For the trial, landlord subpoenaed municipal, hospital, and Visiting Nurse Service (VSN) records. The daughter objected to the admission of the VSN records, arguing that a witness was needed to introduce those records. She also objected to the admission of statements within the VSN records concerning whether tenant lived alone. The court ruled for the daughter in part. By law, municipal and hospital records could be admitted without an explaining witness. But VSN records were business records that required a witness to introduce them. The content of those records was admissible at trial as an exception to the hearsay rule since they concerned issues relevant to the case.

20-22 Prince LLC v. Yen: Index No. 91628/08, NYLJ No. 1202497073917 (Civ. Ct. Kings; 6/6/11; Scheckowitz, J)

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