LOIS v. FLINTLOCK CONSTR. SERVS., LLC

304208/09E. Appeal No. 15247. Case No. 2021-01793.

202 A.D.3d 481 (2022)

158 N.Y.S.3d 822

2022 NY Slip Op 00816

Jorge Lois, Appellant, v. Flintlock Construction Services, LLC, et al., Respondents. Flintlock Construction Services, LLC, et al., Third-Party Plaintiffs-Respondents, v. J&R Glassworks, Inc., Third-Party Defendant-Respondent.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Law Office of Ephrem J. Wertenteil, New York ( Ephrem J. Wertenteil of counsel), for appellant.

Cascone & Kluepfel, LLP, Farmingdale ( David F. Kluepfel of counsel), for Flintlock Construction Services, LLC and Bass Associates, LLC, respondents.

Correia, Conway & Stiefeld, White Plains ( Michael G. Conway of counsel), for J&R Glassworks, Inc., respondent.

Concur— Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.


The trial court properly denied plaintiff's belated, mid-trial motion to redact portions of the medical records admitted into evidence, as plaintiff waived his hearsay objections to information contained in the "history" portion of a July 27, 2007 emergency room record that described how his knee was injured, when he presented the record along with a full set of medical records that addressed his claimed knee ailments and thereafter relied upon those documents to support...

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