Sunday, June 8, 2008

Admissibility of Claim Form Not Established by Attorney Affirmation

Struhl a/a/o John Capehart v. Alea N. Am. Ins. Co.
(App. Term, 2nd Dept., decided 5/27/2008)

Kings Civil's grant of summary judgment to plaintiff medical provider REVERSED.

"The affirmation of plaintiff's counsel did not lay a sufficient foundation to establish that what counsel represented to be plaintiff's claim form was admissible under the business records exception to the hearsay rule (see CPLR 4518; Midborough Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co., 13 Misc 3d 132[A], 2006 NY Slip Op 51879[U] [App Term, 2d & 11th Jud Dists 2006])."

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