Title CVP, Civil Practice Law & Rules

§ 4501. Self-incrimination. A competent witness shall not be excused\nfrom answering a relevant question, on the ground only that the answer\nmay tend to establish that he owes a debt or is otherwise subject to a\ncivil suit. This section does not require a witness to give an an…

§ 4502. Spouse. (a) Incompetency where issue adultery. A husband or\nwife is not competent to testify against the other in an action founded\nupon adultery, except to prove the marriage, disprove the adultery, or\ndisprove a defense after evidence has been introduced tending to …

§ 4503. Attorney. (a) 1. Confidential communication privileged.\nUnless the client waives the privilege, an attorney or his or her\nemployee, or any person who obtains without the knowledge of the client\nevidence of a confidential communication made between the attorney or\nhis…

§ 4504. Physician, dentist, podiatrist, chiropractor and nurse. (a)\nConfidential information privileged. Unless the patient waives the\nprivilege, a person authorized to practice medicine, registered\nprofessional nursing, licensed practical nursing, dentistry, podiatry or\nchi…

§ 4505. Confidential communication to clergy privileged. Unless the\nperson confessing or confiding waives the privilege, a clergyman, or\nother minister of any religion or duly accredited Christian Science\npractitioner, shall not be allowed disclose a confession or confidence\…

§ 4506. Eavesdropping evidence; admissibility; motion to suppress in\ncertain cases. 1. The contents of any overheard or recorded\ncommunication, conversation or discussion, or evidence derived\ntherefrom, which has been obtained by conduct constituting the crime of\neavesdroppi…

§ 4507. Psychologist. The confidential relations and communications\nbetween a psychologist registered under the provisions of article one\nhundred fifty-three of the education law and his client are placed on\nthe same basis as those provided by law between attorney and client,…

§ 4508. Social worker. (a) Confidential information privileged. A\nperson licensed as a licensed master social worker or a licensed\nclinical social worker under the provisions of article one hundred\nfifty-four of the education law shall not be required to disclose a\ncommunica…

§ 4509. Library records. Library records, which contain names or\nother personally identifying details regarding the users of public, free\nassociation, school, college and university libraries and library\nsystems of this state, including but not limited to records related to\n…

§ 4510. Rape crisis counselor or domestic violence advocate. (a)\nDefinitions. When used in this section, the following terms shall have\nthe following meanings:\n 1. "Rape crisis program" means any office, institution or center which\nhas been approved pursuant to subdivision f…

Rule 4511. Judicial notice of law. (a) When judicial notice shall be\ntaken without request. Every court shall take judicial notice without\nrequest of the common law, constitutions and public statutes of the\nUnited States and of every state, territory and jurisdiction of the\n…

§ 4512. Competency of interested witness or spouse. Except as\notherwise expressly prescribed, a person shall not be excluded or\nexcused from being a witness, by reason of his interest in the event or\nbecause he is a party or the spouse of a party.\n

§ 4513. Competency of person convicted of crime. A person who has been\nconvicted of a crime is a competent witness; but the conviction may be\nproved, for the purpose of affecting the weight of his testimony, either\nby cross-examination, upon which he shall be required to answ…

Rule 4514. Impeachment of witness by prior inconsistent statement. In\naddition to impeachment in the manner permitted by common law, any party\nmay introduce proof that any witness has made a prior statement\ninconsistent with his testimony if the statement was made in a writin…

Rule 4515. Form of expert opinion. Unless the court orders otherwise,\nquestions calling for the opinion of an expert witness need not be\nhypothetical in form, and the witness may state his opinion and reasons\nwithout first specifying the data upon which it is based. Upon\ncro…

Rule 4516. Proof of age of child. Whenever it becomes necessary to\ndetermine the age of a child, he may be produced and exhibited to enable\nthe court or jury to determine his age by a personal inspection.\n

Rule 4517. Prior testimony in a civil action. (a) Impeachment of\nwitnesses; parties; unavailable witness. In a civil action, at the trial\nor upon the hearing of a motion or an interlocutory proceeding, all or\nany part of the testimony of a witness that was taken at a prior tr…

Rule 4518. Business records. (a) Generally. Any writing or record,\nwhether in the form of an entry in a book or otherwise, made as a\nmemorandum or record of any act, transaction, occurrence or event, shall\nbe admissible in evidence in proof of that act, transaction, occurrenc…

§ 4519. Personal transaction or communication between witness and\ndecedent or person with a mental illness. Upon the trial of an action or\nthe hearing upon the merits of a special proceeding, a party or a person\ninterested in the event, or a person from, through or under whom…

§ 4519-a. Possession of opioid antagonists; receipt into evidence. 1.\nPossession of an opioid antagonist may not be received in evidence in\nany trial, hearing or proceeding pursuant to subdivision one of section\ntwo hundred thirty-one and paragraph three of subdivision b of s…

Rule 4520. Certificate or affidavit of public officer. Where a public\nofficer is required or authorized, by special provision of law, to make\na certificate or an affidavit to a fact ascertained, or an act\nperformed, by him in the course of his official duty, and to file or\nd…

Rule 4521. Lack of record. A statement signed by an officer or a\ndeputy of an officer having legal custody of specified official records\nof the United States or of any state, territory or jurisdiction of the\nUnited States, or of any court thereof, or kept in any public office…

Rule 4522. Ancient filed maps, surveys and records affecting real\nproperty. All maps, surveys and official records affecting real\nproperty, which have been on file in the state in the office of the\nregister of any county, any county clerk, any court of record or any\ndepartme…

Rule 4523. Search by title insurance or abstract company. A search\naffecting real property, when made and certified to by a title\ninsurance, abstract or searching company, organized under the laws of\nthis state, may be used in place of, and with the same legal effect as,\nan …

Rule 4524. Conveyance of real property without the state. A record of\na conveyance of real property situated within another state, territory\nor jurisdiction of the United States, recorded therein pursuant to its\nlaws, is prima facie evidence of conveyance and of due execution…

Rule 4525. Copies of statements under article nine of the uniform\ncommercial code. A copy of a statement which is noted or certified by a\nfiling officer pursuant to section 9--523 of the uniform commercial code\nand which states that the copy is a true copy is prima facie evid…

Rule 4526. Marriage certificate. An original certificate of a marriage\nmade by the person by whom it was solemnized within the state, or the\noriginal entry thereof made pursuant to law in the office of the clerk\nof a city or a town within the state, is prima facie evidence of…

§ 4527. Death or other status of missing person. (a) Presumed death.\nA written finding of presumed death, made by any person authorized to\nmake such findings by the federal missing persons act is prima facie\nevidence of the death, and the date, circumstances and place of\ndis…

Rule 4528. Weather conditions. Any record of the observations of the\nweather, taken under the direction of the United States weather bureau,\nis prima facie evidence of the facts stated.\n

Rule 4529. Inspection certificate issued by United States department\nof agriculture. An inspection certificate issued by the authorized\nagents of the United States department of agriculture on file with the\nUnited States secretary of agriculture is prima facie evidence of the…

§ 4530. Certificate of population. (a) Prima facie evidence. A\ncertificate of the officer in charge of the census of the United States,\nattested by the United States secretary of commerce, giving the result\nof the census is, except as hereinafter provided, prima facie evidenc…

Rule 4531. Affidavit of service or posting notice by person\nunavailable at trial. An affidavit by a person who served, posted or\naffixed a notice, showing such service, posting or affixing is prima\nfacie evidence of the service, posting or affixing if the affiant is\ndead, me…

Rule 4532. Self-authentication of newspapers and periodicals of\ngeneral circulation. Extrinsic evidence of authenticity as a condition\nprecedent to admissibility is not required with respect to printed\nmaterials purporting to be newspapers or periodicals of general\ncirculati…

Rule 4532-a. Admissibility of graphic, numerical, symbolic or\npictorial representations of medical or diagnostic tests. A graphic,\nnumerical, symbolic or pictorial representation of the results of a\nmedical or diagnostic procedure or test is admissible in evidence\nprovided:\…

§ 4532-b. An image, map, location, distance, calculation, or other\ninformation taken from a web mapping service, a global satellite imaging\nsite, or an internet mapping tool, is admissible in evidence if such\nimage, map, location, distance, calculation, or other information\n…

Rule 4533. Market reports. A report of a regularly organized stock or\ncommodity market published in a newspaper or periodical of general\ncirculation or in an official publication or trade journal is admissible\nin evidence to prove the market price or value of any article regu…

Rule 4533-a. Prima facie proof of damages. An itemized bill or\ninvoice, receipted or marked paid, for services or repairs of an amount\nnot in excess of two thousand dollars is admissible in evidence and is\nprima facie evidence of the reasonable value and necessity of such\nse…

Rule 4533-b. Proof of payment by joint tort-feasor. In an action for\npersonal injury, injury to property or for wrongful death, any proof as\nto payment by or settlement with another joint tort-feasor, or one\nclaimed to be a joint tort-feasor, offered by a defendant in mitigat…

Rule 4534. Standard of measurement used by surveyor. An official\ncertificate of any state, county, city, village or town sealer elected\nor appointed pursuant to the laws of the state, or the statement under\noath of a surveyor, that the chain or measure used by him conformed t…

Rule 4536. Proof of writing by comparison of handwriting. Comparison\nof a disputed writing with any writing proved to the satisfaction of the\ncourt to be the handwriting of the person claimed to have made the\ndisputed writing shall be permitted.\n

Rule 4537. Proof of writing subscribed by witness. Unless a writing\nrequires a subscribing witness for its validity, it may be proved as if\nthere was no subscribing witness.\n

Rule 4538. Acknowledged, proved or certified writing; conveyance of\nreal property without the state. Certification of the acknowledgment or\nproof of a writing, except a will, in the manner prescribed by law for\ntaking and certifying the acknowledgment or proof of a conveyance…

Rule 4539. Reproductions of original. (a) If any business,\ninstitution, or member of a profession or calling, in the regular course\nof business or activity has made, kept or recorded any writing, entry,\nprint or representation and in the regular course of business has\nrecord…

Rule 4540. Authentication of official record of court or government\noffice in the United States. (a) Copies permitted. An official\npublication, or a copy attested as correct by an officer or a deputy of\nan officer having legal custody of an official record of the United\nStat…

Rule 4540-a. Presumption of authenticity based on a party's production\nof material authored or otherwise created by the party. Material\nproduced by a party in response to a demand pursuant to article\nthirty-one of this chapter for material authored or otherwise created by\nsu…

Rule 4541. Proof of proceedings before justice of the peace. (a) Of\nthe state. A transcript from the docket-book of a justice of the peace\nof the state, subscribed by him, and authenticated by a certificate\nsigned by the clerk of the county in which the justice resides, with …

Rule 4542. Proof of foreign records and documents. (a) Foreign record.\nA foreign official record, or an entry therein, when admissible for any\npurpose, may be evidenced by an official publication thereof; or a copy\nthereof, attested by a person authorized to make the attestat…

§ 4543. Proof of facts or writing by methods other than those\nauthorized in this article. Nothing in this article prevents the proof\nof a fact or a writing by any method authorized by any applicable\nstatute or by the rules of evidence at common law.\n

§ 4544. Contracts in small print. The portion of any printed contract\nor agreement involving a consumer transaction or a lease for space to be\noccupied for residential purposes where the print is not clear and\nlegible or is less than eight points in depth or five and one-half…

§ 4545. Admissibility of collateral source of payment. (a) Actions for\npersonal injury, injury to property or wrongful death. In any action\nbrought to recover damages for personal injury, injury to property or\nwrongful death, where the plaintiff seeks to recover for the cost …