Ward v Lincoln Elec. Co., 2014 NY Slip Op 02668 (1st Dept. 2014)
I think this might be a way around the Appellate Term peer hearsay paradigm without stating that Assignor’s medical records are not considered for a hearsay purpose. Assignee is stuck with Assignor’s uncertified records unless Assignor disputes their accuracy. This seems to be a cleaner approach to allow these records into evidence than our current construct.
“Plaintiff’s uncertified medical records may be considered since plaintiff does not dispute their accuracy or veracity (Carlton v St. Barnabas Hosp., 91 AD3d 561 [1st Dept 2012]; CPLR 4518[c]). He only disputes the inferences to be drawn from the records as to the date on which his condition was sufficiently apparent to start the limitations period running”
