Opinion
August 20, 1998
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Plaintiff husband in this dental malpractice action alleges that defendant negligently failed to administer prophylactic antibiotics to him prior to periodontal treatment and that this failure caused him to suffer subsequent cardiac complications. It is undisputed, however, that unless plaintiff had had a heart murmur, prophylactic antibiotic treatment would not have been indicated and plaintiffs medical records demonstrate conclusively that at the time of plaintiff's periodontal treatment he had not been diagnosed as suffering from a heart murmur. Plaintiffs argument that the dispositive medical records, obtained from his treating internist of the previous 20 years, did not constitutes evidentiary proof in admissible form has been waived since it was not advanced in the motion court (see, Celentano v. St. Luke's Roosevelt Hosp. Med. Ctr., 170 A.D.2d 198, 199), and, in any event, the subject medical records do qualify as business records (see, 8 NYCRR 29.2 [a] [3]), and, as such, are admissible pursuant to CPLR 4518 (a).
We have considered plaintiffs remaining argument and find it to be without merit.
Concur — Lerner, P. J., Sullivan, Nardelli, Rubin and Saxe, JJ.