An Illinois appeals court recently affirmed a $700K money judgment for a gas station buyer in a fraud case against the seller. The plaintiff gas station buyer in Benzakry v. Patel, 2017 IL App(3d) 160162 sued the seller when the station closed only a few months after the sale. The plaintiff alleged he relied on …
Tag Archives: business records
Bank’s Business Records and Supporting Affidavit Satisfy Evidence Rules – IL 2nd Dist.
Because they’re so integral to commercial litigation, business records and the myriad evidentiary concerns intertwined with them, are a perennial favorite topic of this blog. In earlier posts (here and here, I’ve featured US Bank, NA v. Avdic, 2014 IL App (1st) 121759 and Bank of America v. Land, 2013 IL App (5th) 120283, two cases that examine the foundation and authenticity …
Process Server’s Return of Service Qualifies As Public Records and ‘Regularly Conducted Business Activity’ Hearsay Exceptions – Florida Appeals Court
My experience with the hearsay evidence rules usually involves trying to get a business record like an invoice or spreadsheet into evidence at trial or on summary judgment. The business records hearsay exception is found at Illinois Evidence Rule 803(6) and mirrors the Federal counterpart. “Exception” in the context of hearsay evidence means a document is hearsay (an …