In New York, admitting a business record through a foundation may be accomplished by using:

• A. An affidavit may be used in civil cases
• B. A witness's live testimony only
• C. A police report
• D. A notarized statement

Answer: (A)

In New York, the way to lay foundation for admitting a business record is by showing the record was kept in the ordinary course of business and that it was made at or near the time of the event by someone with knowledge, and that the record is what it purports to be. In civil cases, this foundation can be supplied by a sworn affidavit from the custodian of the records (or another qualified person) stating those facts. Using an affidavit keeps the process efficient by allowing the court to accept the records without requiring the custodian to testify live at trial.

So, the correct approach is to use an affidavit in civil cases because it provides the necessary foundation in a sworn, reliable form. A live testimony requirement is not exclusive, but it isn’t the only permissible method. A police report may be admissible as a business record if it meets the same foundation, but that doesn’t explain the method of foundation. A notarized statement alone isn’t the sworn foundation needed unless it is an actual sworn affidavit.