Objected to inadmissible proof spells doom

Medical Assoc., P.C. v Interboro Ins. Co., 2012 NY Slip Op 50392(U)(App. Term 2d Dept. 2012).

I wrote the reply that got this case dismissed on appeal.  I am not sure if I wrote the appeal.  The Court said the following:

“Triable issue of fact not raised because:

“In opposition, plaintiff proffered an unsworn medical report (see CPLR 2106; Pan Chiropractic, P.C. v Mercury Ins. Co., 24 Misc 3d 136, 2009 NY Slip Op 51495 ; cf. Continental Med., P.C. v Mercury Cas. Co., 22 Misc 3d 134, 2009 NY Slip Op 50234 ).”

And a hearsay bonus here:

“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 her 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 (Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 27 Misc 3d 140, 2010 NY Slip Op 50987 ). Consequently, defendant was not required to demonstrate that the records fell within an exception to the rule against hearsay (id.). Thus, the Civil Court should have granted the branch of defendant’s motion seeking summary judgment dismissing the complaint.”

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• New York No-Fault Insurance Law

Legal Update (February 2026): Since this 2012 decision, CPLR 2106 requirements for medical affidavits and the standards for admissibility of peer review reports in no-fault cases may have been subject to regulatory amendments or evolving case law interpretations. Practitioners should verify current provisions regarding unsworn medical reports and hearsay exceptions in medical necessity determinations, as procedural requirements and evidentiary standards in no-fault litigation continue to develop.