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HAZEL BRUCE-BISHOP, ET AL., appellants, v. JAFAR J. JAFAR, ETC., respondent.

ORDERED that the judgment is affirmed, with costs.

Where a proper foundation is laid, a physician's office records or hospital records, including medical opinion, are admissible as evidence at trial to the extent that they are germane to diagnosis and treatment (see Williams v. Alexander, 309 N.Y. 283, 287; Wilson v. Bodian, 130 A.D.2d 221, 231; CPLR 4518[a]). Thus, the office records of the plaintiff's treating physicians were properly admitted into evidence.

In addition, the defendant's experts were entitled to rely on the facts set forth in those records, as they did not base their expert opinions upon the conclusions contained in the records (see O'Shea v. Sarro, 106 A.D.2d 435, 437; Borden v. Brady, 92 A.D.2d 983).

RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.

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BRUCE-BISHOP v. JAFAR
(Feb 4, 2003)