Key Takeaway
Analysis of MRI evidence admissibility in New York no-fault cases, examining Madia v Garcia ruling and challenges with NY's evidentiary system for personal injury practitioners.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault 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.
Most sane practitioners stipulate to medical records and then try the case on its merits. But NY civil practice is the true game of ambush warfare. And this is partly due to 3101(d) disallowing expert witness discovery and the necessity of HIPPA AZ’ for anything. Expert witness discovery on both sides due to actual testimony does away with much of the outrageous evidently shenanigan that we deal with in NY. If you’re dealing with a no-fault insurance defense matter, an experienced attorney can help protect your rights.
Fun fact – other states require the adverse party to challenge a non-party subpeona for medical records otherwise same is waived. Read: 46 CFR 164.512(e)(1). Also, read Fla. R. Civ. Prop 1.351. I submit to you that the Rules in the State should be amended to allow this type of discovery
In New York, both sides can come out of the word work, raise the most baseless evidentiary objections and gum up a trial. This is a problematic quirk in the NY system. The Chief Administrative Judge is more interested in wasting our time with word counts and statements of material facts. Worthless ventures in most cases the non-commercial bar handles. Free tip. Your statement of facts should be a carbon copy of your attorney affirmation.
And I agree that if you can’t ask the 10-15 questions to meet CPLR 4518(a) you should not be trying cases, but the ambush warfare goes beyond that.
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I saw this case that really looked interesting, and I am sure the rationale behind it isn’t a newfound understanding to the law on evidence; rather. it represents the fact that former trial judges that now sit on the Appellate Division see the harm that our non-codified common-law “evidentiary” system has placed upon sane practitioners who want a clean trial.
Madia v Garcia, 2021 NY Slip Op 05632 (1st Dept. 2021)
“The MRI films and reports demonstrating those injuries were properly admitted as part of the file of plaintiff’s treating doctor, notwithstanding that they were created at an outside facility (see Freeman v Shtoga_j,_ 174 AD3d 448, 449 ). Plaintiff’s doctor also properly relied on those records in offering his opinions at trial, which were based not only on the MRIs, which he ordered, but also on his own examination and tests (see id. at 449-450).”
If I sat on the rules committee, I would create an evidence code, rework 3101(d), rework the HIPPA rules, create pre-trial motion in limine rules, mandate evidentiary stipulations absent good cause shown, and give the practitioner a real framework of the evidentiary and issue parameters of a trial will be. I think the current system is broken and in need of repair.
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Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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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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