Key Takeaway
NYC Civil Court judge refuses expert testimony on hearsay grounds despite Appellate Term precedent requiring such testimony in no-fault medical necessity cases.
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.
Quality Health Prods., Inc. v Travelers Indem. Co., 2014 NY Slip Op 51231(U)(App. Term 2d Dept. 2014)
Preclusion of expert testimony on medical necessity at trial
“At the trial, the judicial hearing officer refused to allow defendant’s expert witnesses to testify as to their opinions of the medical necessity of the supplies at issue on the ground that the underlying medical records of plaintiff’s assignors that the witnesses had reviewed were hearsay, explicitly stating that he did not “follow” Urban Radiology, P.C. v Tri-State Consumer Ins. Co. (27 Misc 3d 140, 2010 NY Slip Op 50987 ).”
“As this court has previously held, defendant’s witnesses should have been permitted to testify as to their opinions regarding the medical necessity of the supplies at issue, and it was error to preclude their testimony on hearsay grounds”
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Is the Civil Court bound by Appellate Term decisions?
“We note that, contrary to the belief of the judicial hearing officer in this case, the Civil Court is bound by the decisions of this court (see 28 NY Jur 2d, Courts and Judges § 220).”
*I recall a “trial” with Judge Ingrid Joseph where this occurred because the carrier presented a substitute peer review. Plaintiff made a frivolous peer hearsay objection, which was sustained. If I were a judge and I really believed that peer hearsay and substitute peer testimony was not admissible, I would allow it, make factual findings adverse to the proponent of the evidence and render a judgment that would be less likely to be reversed on appeal. See e.g. PSW Chiropractic v. Maryland Insruance Co. In all seriousness, it is embarrassing when you as a judge “westlaw yourself” and you get reversed on this basis.
Substitute peer review testimony and hearsay objections
Now, will this prevent a judge from being elevated to 360 Adams Street (this is a Brooklyn phenomenon by the way)? Probably not. But from an integrity standpoint, it is problematic.
Related Articles
- Understanding Article 10 evidentiary issues with expert witness testimony and hearsay rules
- Medical necessity defense failures in New York no-fault insurance cases
- Expert qualification standards in New York no-fault cases
- Civil court decisions in no-fault insurance when legal reasoning goes wrong
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2014 decision addressing expert testimony and hearsay objections in no-fault proceedings, there may have been subsequent appellate decisions, regulatory amendments to insurance law provisions, or procedural rule changes affecting the admissibility of expert opinions based on medical records. Practitioners should verify current evidentiary standards and any updates to Civil Court Rules regarding expert witness testimony in no-fault matters.
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 2,600 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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