Rodriguez v. Zampella

Rodriguez v. Zampella (42 AD2d 805 [3d Dept 1973]) addressed a "doctor's records containing the history, injury, diagnosis and the care and treatment rendered to plaintiff." There, the Court held that "since the doctor's opinion and diagnosis were woven into his notations on these records, constituting his medical report, the evidence offered consisted of expert proof and should not have been admitted as evidence in chief" (id.).