Key Takeaway
4th Department rules on evidentiary issues including unsworn chiropractic reports, expert disclosure limitations, and serious injury standards in personal injury case.
This article is part of our ongoing evidence coverage, with 126 published articles analyzing evidence issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Siemucha v Garrison, 2013 NY Slip Op 07608 (4th Dept. 2013)
Point #1: Unsworn to chiropractic report (affidavit?) was proper because it was unobjected to (nothing new) and was based upon otherwise admissible hearsay (something new?)
“Defendants failed to preserve for our review their contention that the affirmed report of the chiropractor was not in admissible form (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 351 n 3; cf.Hartley v White, 63 AD3d 1689, 1690;Shinn v Catanzaro, 1 AD3d 195, 197-198). In any event, a plaintiff “may rely on unsworn reports and uncertified medical records if they were submitted by defendants … or were referenced in the reports of physicians who examined plaintiff on their behalf, and submitted the reports of their experts” (Feggins v Fagard, 52 AD3d 1221, 1223; see Brown v Achy, 9 AD3d 30, 32). Here, defendants’ expert reviewed and referenced numerous medical records of plaintiff in his report, including the chiropractic records.”
Point 2: “objective proof of spasm in his cervical spine” is sufficient to demonstrate a serious injury
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Point 3: A narrow 3101(d) can preclude otherwise relevent evidence.
“Defendants further contend that the evidence of plaintiff’s drug use was relevant to the claim of loss of enjoyment of life and plaintiff’s heart problems, but defendants’ expert disclosure did not include those topics, and the court therefore properly precluded defendants from presenting such evidence at trial (see generally Lidge v Niagara Falls Mem. Med. Ctr. , 17 AD3d 1033, 1035). Likewise, the court did not abuse its discretion in precluding defendants’ expert from testifying regarding his experience treating patients with pending litigation and a study concerning that subject matter inasmuch as those matters were not included in defendants’ expert disclosure ”
Point 4: Police Reports
“Facts stated in a police report that are hearsay are not admissible unless they constitute an exception to the hearsay rule, such as an admission (see Huff v Rodriguez, 45 AD3d 1430, 1432; Stevens v Kirby, 86 AD2d 391, 395). Here, however, inasmuch as “the source of the information was never identified,” the statement was not admissible as an admission (Huff, 45 AD3d at 1432)”
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Evidentiary Issues in New York Litigation
The rules of evidence determine what information a court or arbitrator may consider in deciding a case. In New York no-fault and personal injury practice, evidentiary issues arise constantly — from the admissibility of business records and medical reports to the foundation requirements for expert testimony and the application of hearsay exceptions. These articles examine how New York courts apply evidentiary rules in insurance and injury litigation, with practical guidance for building admissible evidence at every stage of a case.
126 published articles in Evidence
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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