Neomy Med., P.C. v GEICO Ins. Co., 2011 NY Slip Op 51532(U)(App. Term 2d Dept. 2011)
“In support of its cross motion for summary judgment, defendant also submitted, among other things, a peer review report, which set forth a factual basis and medical rationale for the conclusion that there was a lack of medical necessity for the services at issue. Contrary to the determination of the Civil Court, there was no need for defendant to annex the medical records examined by the peer review doctor (cf. Matter of State of New York v Wilkes, 77 AD3d 1451 [2010]). Furthermore, [*2]since the purpose of the peer review report submitted by defendant was not to attempt to prove that plaintiff’s assignor was injured as documented in his medical records, or that she was treated as set forth in those records, but to establish that, assuming the facts set forth therein were true, the treatment allegedly provided by plaintiff was not medically necessary, defendant was not required to demonstrate that the records fell within an exception to the rule against hearsay (see id.; Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 27 Misc 3d 140[A], 2010 NY Slip Op 50987[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).”
Look, I think the medical records on a peer need to be attached. The Appellate Term is wrong, and the Appellate Division or the Appellate Term, First Department will take a different view when the issue is properly raised. Yet, I am not sure that this Court has any sympathy towards Mr. Neomi and its “owner” -hence this decision and the other ones.
5 Responses
I hate discussing the rule of hearsay these days. I know it front and back, Amjured evidence in fact, which means I know nothing because it is not understood or determined consistently here in New York No-Fault.
In other news, check out this Rolling Stone expose from yesterday, the SEC is owned, lock stock and barrel, by Wall Street criminals:
http://www.rollingstone.com/politics/news/is-the-sec-covering-up-wall-street-crimes-20110817
That is disgusting. While we fight about Mr. Neomi, these tycoons who have single-handedly redistributed the wealth in this world will forever walk for the destruction they bestowed upon the global markets as a whole. My cynical nature, however, does not expect anything too different.
About the most insane thing I’ve read since the subprime fraud came to public light.
The expose illustrates that the SEC itself– and its crooked employees that flitter between Wall Street and the SEC– is behind the largest frauds in the history of humanity.
There is no chance that Obama and Bush, before him, did not know of this corruption, given its extent. This, along with the fact that not a single major firm or figure responsible for the subprime fraud was prosecuted by Obama’s DOJ, suggests that our entire political process including both parties are just as corrupted as the SEC.
Sun,
Follow the money. And with campaign finance out the door, our democracy is now up for sale, more so than before. This will be the legacy of the Roberts Court. It makes me sad.
Bravo the last comment J.T. The legacy of the Robert’s Court — a real court of freaks. A political court. And politics is money. A fascist Court too.
Courts were the last bastion where a citizen could fight the government or a large corporation — which is now one in the same. The Court’s are under assault and increasingly being bought by powerful monied interests to complete the enslavement of Americans.
I could go on and on but just from recent experience it has become quite clear that the courts are but former prosecutors that act as arms of the prosecution.
In Federal Courts they are starting to liberally apply sanctions directly upon attorney’s for what a Court deems to be frivolous conduct.
In other words the lawyers that argued separate was not equal when faced with the solid precedent of Plessy v. Ferguson would have been sanctioned. And African Americans along with who knows whom else would still have separate buses and schools and water fountains.
It is pitch fork time.