MATTER OF CAROTHERS v. GEICO INDEMNITY COMPANY

2009-08300.

79 A.D.3d 864 (2010)

914 N.Y.S.2d 199

In the Matter of ANDREW CAROTHERS, M.D., P.C., Appellant, v. GEICO INDEMNITY COMPANY, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 14, 2010.


Ordered that the order dated April 14, 2009, is affirmed, with costs.

The testimony of an employee of the company that handled the plaintiff's medical billing was insufficient to lay a foundation for the admission of the claim forms under the business records exception of the hearsay rule (see Art of Healing Medicine, P.C. v Travelers Home & Mar. Ins. Co., 55 A.D.3d 644 [2008]). Such records were inadmissible because...

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