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BEECHAM v. NEW YORK CITY TR. AUTH.

54 A.D.3d 594 (2008)

863 N.Y.S.2d 433

MINNETTE F. BEECHAM, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 16, 2008.

The trial court correctly refused to admit into evidence the history portion of plaintiff's emergency room record, which was offered to prove the truth of the facts asserted. This entry was not admissible as a business record because it was not germane to plaintiff's diagnosis or treatment (Williams v Alexander, 309 N.Y. 283 [1955]; Gunn v City of New York, 104 A.D.2d 848, 849 [1984]).

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