Sunday, June 8, 2008

Business Records Inadmissible Without Basis for Alleged Personal Knowledge Set Forth

First Aid Occupational Therapy, PLLC a/a/o Israel Alvarvenga & Travis Fox-Ross v. State Farm Fire & Cas. Co.
(App. Term, 2nd Dept., decided 5/272008)

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

The Appellate Term agreed with State Farm on appeal that the affidavit by plaintiff's employee submitted in support of its motion failed to lay a proper foundation for the documents annexed to plaintiff's moving papers and, as a result, plaintiff failed to establish a prima facie case. "The affidavit submitted by plaintiff's employee failed to set forth a basis to support her conclusory assertion that she possessed personal knowledge of plaintiff's practices and procedures so as to lay a foundation for the admission, as business records, of the documents annexed to plaintiff's moving papers."

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