28.03.2015 Views

Appellant's Appendix - Philip D. Stern

Appellant's Appendix - Philip D. Stern

Appellant's Appendix - Philip D. Stern

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

admissible as a business record pursuant to N.J.R.E. 803(c)(6).<br />

Hahnemann, supra, 292 N.J. Super. at 18; see also Biunno,<br />

Weissbard & Zegas, Current N.J. Rules of Evidence, comment 2 on<br />

N.J.R.E. 803(c)(6) (2011). Thus, if the matter is tried again,<br />

plaintiff must properly authenticate the monthly statements as<br />

required by the Rule and the cases we have cited.<br />

Whether<br />

Sharpe, some other witness, or defendant, if called by plaintiff<br />

as a witness, can establish the underlying predicates making the<br />

monthly statements admissible as a business record is a question<br />

we cannot answer at this time. It suffices to say that Sharpe<br />

was never accorded that opportunity because of the judge's<br />

ruling.<br />

Reversed and remanded for a new trial.<br />

We do not retain<br />

jurisdiction.<br />

11<br />

A-2062-10T4<br />

34a

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!