marked only for identification, but neither party is precluded from seeking admission as
evidence, with, of course, proper foundation.
[*5]
Most of the exhibits admitted as evidence at the hearing
are hospital and doctors' office records, as to which the parties stipulated are authentic and
qualify as "business records" within the so-named exception to the hearsay rule. (See
CPLR 4518 [a], [c]; Williams v Alexander, 309 NY 283, 286-87 [1955]; Wilson
v Bodian, 130 AD2d 221, 228-31 [2d Dept 1987].) The parties, however, reserved the right
to object at trial to any particular writing or notation within the record that was not rendered
admissible by the business-records exception. The aspect of Plaintiff's motion that would
preclude "references to drug use in plaintiff's medical records" falls within that reservation, and is
discussed below.
To the extent that either party contends that any writing or notation in an admitted record is
not admissible pursuant to the business-records exception to the hearsay rule, the party shall
advise the other party and the Court no later than the final pre-trial conference, now scheduled
for October 29, 2012.
In addition to hospital and doctors' office records, Plaintiff seeks to have admitted pursuant
to the certification procedure of CPLR 3122-a documents described as the records of ACS
Environmental, IATL, Pro-Lab, and Real Time Laboratories, Inc., as well as all records delivered
at the instance of Plaintiff to the Subpoenaed Records Room. It is not clear, however, which of
these documents was marked at the evidentiary hearing, since Plaintiff does not say, and neither
the documents nor the certification is provided to the Court on this motion.