2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
R4532-A - Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests.

 
    Rule   4532-a.   Admissibility  of  graphic,  numerical,  symbolic  or
  pictorial representations of medical or  diagnostic  tests.  A  graphic,
  numerical,  symbolic  or  pictorial  representation  of the results of a
  medical or diagnostic  procedure  or  test  is  admissible  in  evidence
  provided:
    (1)  the  name  of  the  injured  party, the date when the information
  constituting   the   graphic,   numerical,   symbolic    or    pictorial
  representation was taken, and such additional identifying information as
  is customarily inscribed by the medical practitioner or medical facility
  is   inserted   on   such  graphic,  numerical,  symbolic  or  pictorial
  representation; and
    (2) (a) the representation has been previously received or examined by
  the party or parties against whom it is being offered; or
    (b)(i) at least ten days before the date of trial of the  action,  the
  party  intending to offer such graphic, numerical, symbolic or pictorial
  representation as a proposed exhibit serves upon the  party  or  parties
  against  whom  said  proposed  exhibit  is  to  be  offered, a notice of
  intention to offer such proposed exhibit in evidence  during  the  trial
  and that the same is available for inspection; and
    (ii)   the   notice  aforesaid  is  accompanied  by  an  affidavit  or
  affirmation of  such  physician  identifying  such  graphic,  numerical,
  symbolic  or  pictorial  representation and attesting to the identifying
  information  inscribed   thereon,   attesting   that   the   identifying
  information inscribed thereon is the same as is customarily inscribed by
  the  medical  practitioner  or  facility, and further attesting that, if
  called as a witness in the action, he or she would so testify.
    Nothing  contained  in  this  rule,  however,   shall   prohibit   the
  admissibility   of   a   graphic,   numerical,   symbolic  or  pictorial
  representation in evidence where otherwise admissible.