Peace of Mind, Social Work, P.C. v Travelers Prop. Cas., 2013 NY Slip Op 51119(U)(App. Term 2d Dept. 2013)
“At the nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, plaintiff proffered its claim form as proof of the fact and the amount of the loss sustained. Plaintiff’s foundation witness, who was employed not by plaintiff, but by a third party, testified that she had used documents from plaintiff’s file in the preparation of the claim form. Under these circumstances, in order for the claim form to be admissible, pursuant to CPLR 4518 (a), as evidence of the truth of the assertions contained therein, it was necessary for plaintiff to demonstrate that “each participant in the chain producing the record, from the initial declarant to the final entrant, [acted] within the course of regular business conduct or the declaration must meet the test of some other hearsay exception”
It seems that once you enter the realm of the third-party biller, it is just a losing proposition in the Second
