Amending an Exception to the Rule against Hearsay to Address Business Records Relied upon by Experts in Civil Trials (CPLR 4549)

SUMMARY

The Committee on State Courts of Superior Jurisdiction issued a report regarding legislation to amend CPLR §4549 concerning the admissibility of expert opinions. The amendment would essentially provide that expert opinion shall not be rendered inadmissible by the expert’s reliance on inadmissible documents. This legislation was proposed by the OCA Advisory Committee on Civil Practice. While supporting the bill, the Committee does not agree with the rationale provided by the Advisory Committee in its interpretation of the appellate authority, and the report sets forth language which the Committee believes would make the proposed amendment more useful.