Opinion
October 4, 1993
Appeal from the Supreme Court, Westchester County (Wood, J.).
Ordered that the judgment is affirmed, with costs.
Contrary to the defendant's contentions, the X ray report it sought to admit into evidence at trial is inadmissible without the introduction of the underlying X ray (see, Hambsch v. New York City Tr. Auth., 63 N.Y.2d 723, 725; Marion v. Coon Constr. Co., 216 N.Y. 178). Further, the X ray report is not a business record since, in this case, it was not created for the purpose of diagnosis and treatment (see, Wilson v. Bodian, 130 A.D.2d 221, 231).
We find that, given the broad discretionary powers of a trial court to control the case before it, it was not an improvident exercise of discretion for the trial court to preclude admission of the newly found X ray on the last day of trial after all the witnesses had testified (see, Feldsberg v. Nitschke, 49 N.Y.2d 636, 643; Agate v. Morrison, 84 N.Y. 672; People v. Lugo, 140 A.D.2d 715, 716). Rosenblatt, J.P., Lawrence, O'Brien and Ritter, JJ., concur.