October 11, 2021

Admissibility of medical records in a personal injury action.

The defendant waived his right to object to the admission of the records as business records, as he failed to timely object after having been served with the plaintiff's notice of her intention to enter the documents into evidence, pursuant to CPLR 3122-a. The testimony of the office manager laid a proper foundation for the admission of the records, pursuant to CPLR 4518[a].

Benguigui v. Racer, NY Slip Op 05318 (2d Dep't October 6, 2021)

Here is the decision.