MOSQUEDA v. ARISTON DEV. GROUP

5004, 159551/13.

155 A.D.3d 504 (2017)

65 N.Y.S.3d 140

2017 NY Slip Op 08186

HERIBERTO MOSQUEDA, Respondent, v. ARISTON DEVELOPMENT GROUP et al., Appellants.

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

Decided November 21, 2017.


Defendants' contention that a description of the accident in plaintiff's medical records inconsistent with his deposition testimony presents an issue of fact regarding his credibility, is unavailing. As Supreme Court found, statements in medical records, including "acts or occurrences leading to the patient's hospitalization — such as a narration of the accident causing the injury — not germane to diagnosis or treatment" constitute inadmissible hearsay (Williams...

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