Cramer v. Benedictine Hospital

*192OPINION OF THE COURT

Michael Kavanagh, J.

During this medical malpractice trial, plaintiff sought to introduce the contents of a report issued by the New York State Department of Health in regard to its investigations concerning the quality of the medical treatment provided decedent while a patient at the defendant hospital. Plaintiff contends that the entire report is admissible pursuant to Public Health Law § 10 (2) and maintains that the jury should be charged that the report constitutes presumptive proof of the factual findings contained therein. Defendant objects to its admissibility,…