The denial need not be authenticated as a busines recordDecember 8, 2013

Jesa Med. Supply, Inc. v NYC Tr. Auth., 2013 NY Slip Op 52007(U)(App. Ter 2d Dept. 2013)

“Contrary to plaintiff’s argument, defendant was not required to establish that its denial of claim forms constituted evidence in admissible form pursuant to the business records exception to the rule against hearsay as set forth in CPLR 4518. Defendant did not submit the denials as memoranda “of any act, transaction, occurrence, or event” recorded therein (CPLR 4518 [a]; see Five Boro Psychological Servs., P.C. v Progressive Northeastern Ins. Co., 27 Misc 3d 141[A], 2010 NY Slip Op 50991[U] [App Term, 2d, 11th & 13th Jud Dists 2010]; Quality Health Prods., Inc. v NY Cent. Mut. Fire Ins. Co., 27 Misc 3d 141[A], 2010 NY Slip Op 50990[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).”

2 Responses

  1. Kurt Lundgren says:

    Do the rules of evidence cease to apply in the second department? If the denials were not issued for the truth of the matter asserted, for what purpose were they offered -toilet paper perhaps?

  2. Wang Chung says:

    Harrow everybody

    Oh Wang Chung is from China Kurt boy.

    He know swcrewing when he swee one.

    App Term 2nd like corrupt communwist officwial — take big do mommy money from insurance compwany.

    No law App Term 2nd … just corrwupt communwist officwials.