Potamkin Cadillac Corp. v. B.R.I. Coverage Corp.

38 F.3d 627 (1994)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Potamkin Cadillac Corp. v. B.R.I. Coverage Corp.

United States Court of Appeals for the Second Circuit
38 F.3d 627 (1994)

RW

Facts

Potamkin Cadillac Corporation (Potamkin) (plaintiff) sued its insurance broker, B.R.I. Coverage Corporation (BRI) (defendant), for alleged fraudulent practices. BRI counterclaimed for expenses it allegedly prepaid on Potamkin's behalf. Using its computer database, and in support of its counterclaim, BRI prepared a "history" of the alleged prepayments. The United States District Court for the Southern District of New York appointed a special master to hear the case. BRI withheld its history document from production during discovery, saying it was exempt from discovery as a BRI attorney's work product. BRI also refused Potamkin's requests that it produce the computer tapes from which the history was purportedly compiled. After the special master proceedings commenced, BRI attempted to introduce the history into evidence, claiming it fell under the business records exception to the hearsay rule. BRI admitted that in some instances the history contained keypunch errors, misapplied cash or billings among policies, and mislabeled policies. The master ruled that the history was ineligible for the business records exception, but that portions of the history contained admissions that could be used against BRI and support of Potamkin. The district court adopted these rulings, and based on the master's recommendations, the court found for Potamkin and rejected BRI's counterclaim. BRI appealed to the United States Court of Appeals for the Second Circuit, arguing the history should have been admitted as a business record.

Rule of Law

Issue

Holding and Reasoning (Kearse, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 743,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 743,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 743,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership