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This entry was published on 2014-09-22
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Prima facie proof of damages
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 45
Rule 4533-a. Prima facie proof of damages. An itemized bill or
invoice, receipted or marked paid, for services or repairs of an amount
not in excess of two thousand dollars is admissible in evidence and is
prima facie evidence of the reasonable value and necessity of such
services or repairs itemized therein in any civil action provided it
bears a certification by the person, firm or corporation, or an
authorized agent or employee thereof, rendering such services or making
such repairs and charging for the same, and contains a verified
statement that no part of the payment received therefor will be refunded
to the debtor, and that the amounts itemized therein are the usual and
customary rates charged for such services or repairs by the affiant or
his employer; and provided further that a true copy of such itemized
bill or invoice together with a notice of intention to introduce such
bill or invoice into evidence pursuant to this rule is served upon each
party at least ten days before the trial. No more than one bill or
invoice from the same person, firm or corporation to the same debtor
shall be admissible in evidence under this rule in the same action.