[Download] "Pine Hollow Medical, P.C. v. Progressive Casualty Insurance Co." by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts * Book PDF Kindle ePub Free
eBook details
- Title: Pine Hollow Medical, P.C. v. Progressive Casualty Insurance Co.
- Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
- Release Date : January 21, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
At the trial of this action to recover first-party no-fault benefits for medical services provided plaintiffs assignor, plaintiffs witness, an employee of its billing company, testified to the companys business practices in generating and mailing no-fault benefits applications to insurers based upon information received from its clients, the providers of the medical services. Defendant objected below that the witness was incompetent to establish the reliability, prima facie, of the information recorded therein. However, it is well-settled that where an entity "routinely relies upon the business records of another entity in the performance of its own business" (West Val. Fire Dist. No. 1 v Village of Springville, 294 AD2d 949, 950 [2002]; see People v DiSalvo, 284 AD2d 547, 548 [2001]), and "fully incorporate[s]" said information into records made in the regular course of its business (Plymouth Rock Fuel Corp. v Leucadia, Inc., 117 AD2d 727, 728 [1986]), the subsequent record is admissible notwithstanding that the preparer lacked personal knowledge of the informations accuracy (William Conover, Inc. v Waldorf, 251 AD2d 727, 728 [1998]). The lack of knowledge goes "to the weight, not the admissibility" of the record (id.).