Appellant's Appendix - Philip D. Stern
Appellant's Appendix - Philip D. Stern
Appellant's Appendix - Philip D. Stern
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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