Potamkin Cadillac Corp. v. B.R.I. Coverage Corp.
United States Court of Appeals for the Second Circuit
38 F.3d 627 (1994)
In a dispute over allegedly fraudulent broker practices, BRI (defendant) counterclaimed for prepaid expenses and prepared a computer-database "history" document to support that claim, but withheld the underlying computer tapes during discovery and had earlier characterized the history as attorney work product; the history also admittedly contained keypunch errors and misapplied billing entries. A special master ruled the history did not qualify for the business-records hearsay exception but that portions constituted admissions usable against BRI, and the district court adopted those rulings and ruled for Potamkin (plaintiff), prompting BRI's appeal.
Whether, for purposes of the business-records exception to the hearsay rule, a business record may include electronic computer data compiled pursuant to a business duty in accordance with regular business practice.