Uribe v Jimenez, 2015 NY Slip Op 08726 (2d Dept. 2015)
“In support of his motion, the defendant submitted the plaintiff’s medical records from Elmhurst Hospital, which indicated that a chest X ray did not reveal any rib fractures (see Estaba v Quow, 74 AD3d 734, 734-735). While these medical records were not certified, the defendant could rely on them in order to demonstrate a lack of serious injury, as they were the records of the plaintiff’s treating physicians”
Nothing new to report but the Court held as a matter of law that defendants could rely on the records of the plaintiff’s treating physicians. It is the line plaintiff’s treating physicians that is important to note.
