Progressive Northeastern Insurance v. Randazzo

In a proceeding pursuant to CPLR article 75 to permanently stay arbitration of a claim for uninsured motorist benefits, the appeal is from an order of the Supreme Court, Westchester County (Carey, J.H.O.), dated October 13, 2004, which, after a hearing, granted the petition and permanently stayed the arbitration.

Ordered that the order is affirmed, with costs.

Portions of medical records stating the cause of an injury may be entered into evidence under the hearsay exception for business records only if they contain information that was germane to the diagnosis and treatment of the patient (see…