Bill Text: NY A04336 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the civil practice law and rules, in relation to the admission of hospital records into evidence

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A04336 Detail]

Download: New_York-2009-A04336-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4336
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2009
                                      ___________
       Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the civil practice law and rules,  in  relation  to  the
         admission of hospital records into evidence
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Rule 4518 of the civil practice law and rules is amended by
    2  adding a new subdivision (h) to read as follows:
    3    (H) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL  ENTRIES
    4  MADE  IN A DULY AUTHENTICATED HOSPITAL RECORD, INCLUDING STATEMENTS MADE
    5  BY A PLAINTIFF IN A PERSONAL INJURY ACTION AS TO THE CAUSE OF SUCH INJU-
    6  RY, ARE ADMISSIBLE IN EVIDENCE UNDER THIS RULE  AND  ALL  OTHER  CIRCUM-
    7  STANCES  CONCERNING  SUCH  ENTRIES MAY BE PROVED TO AFFECT THEIR WEIGHT,
    8  BUT NOT THEIR ADMISSIBILITY.
    9    S 2. This act shall take effect immediately and  shall  apply  to  all
   10  actions  that  proceed  to  trial  not  less than ninety days after such
   11  effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08115-01-9
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