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V Cable, Inc. v. Budnick

Citation: 23 F. App'x 64Docket: No. 00-9377

Court: Court of Appeals for the Second Circuit; December 2, 2001; Federal Appellate Court

Narrative Opinion Summary

The appellate court affirmed the judgment of the District Court in favor of V. Cable, Inc. and Cablevision against the appellant, who was accused of buying and reselling illegal cable converters, violating federal statutes 47 U.S.C. 563(a)(1) and 605(e)(4), as well as New York Public Service Law 225(6). The appellant challenged the lower court's rulings on several grounds, including the application of the statute of limitations and the admissibility of evidence. The court upheld the use of New York's statute of limitations, finding the claim timely as critical information surfaced by 1996. The evidentiary challenge regarding unauthenticated computer printouts was dismissed, affirming that the records were admissible under Rule 803(6) due to their consistency with business practices and the qualifications of the witness, Buglion. Claims concerning the right to a jury trial and the statute's constitutionality were deemed waived as they were not raised at trial. Ultimately, the appellate court found no error in the district court's decisions regarding the statute of limitations and evidentiary issues, leading to the affirmation of the $500,000 statutory damages award, plus attorney's fees and costs, against the appellant.

Legal Issues Addressed

Admissibility of Evidence under Rule 803(6)

Application: The court found no abuse of discretion in admitting the computer printouts as evidence under the business records exception to the hearsay rule, despite claims of format discrepancies and chain of custody issues.

Reasoning: The appellant contends that the computers and records became corrupted and thus inadmissible under Rule 803(6)... the court found no such abuse.

Statute of Limitations under Federal and State Law

Application: The court determined that the applicable statute of limitations was derived from New York C.P.L.R. 214(2), permitting a three-year period for claims, which was deemed timely given the circumstances of the case.

Reasoning: Budnick contended that the claim was time-barred as it accrued in 1991, but the district court ruled it was timely, as Cablevision had relevant information by 1996 and Budnick failed to substantiate his defense.

Waiver of Claims Not Raised at Trial

Application: Claims regarding the right to a jury trial and the constitutionality of the statute were dismissed on appeal due to not being raised at the trial level.

Reasoning: The latter two claims were dismissed due to failure to raise them at trial.