Kovacev v. Ferreira Bros. Contracting, Inc.
Opinion of the Court
Judgment, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about April 10, 2003, dismissing the complaint upon a jury verdict finding that plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d), unanimously affirmed, without costs.
The trial court properly precluded plaintiffs treating physician from referring to hearsay MRI reports in testifying about plaintiffs back and neck injuries. A treating physician’s opinion at trial cannot be based on an out-of-court interpretation of MRI films prepared by another health care professional who is not subject to cross-examination where, as here, the MRI films are not in evidence and there is no proof that the interpretation is reliable (see Wagman v Bradshaw, 292 AD2d 84 [2002]; Murphy v Columbia Univ., 4 AD3d 200, 203 [2004]). Nor were
Case-law data current through December 31, 2025. Source: CourtListener bulk data.