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ARNICA ACUPUNCTURE PC, v. INTERBOARD INS. CO.

350, 570015/14.

137 A.D.3d 421 (2016)

25 N.Y.S.3d 868

2016 NY Slip Op 01434

ARNICA ACUPUNCTURE PC, as Assignee of Palmer Marjorie, Respondent, v. INTERBOARD INSURANCE COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 1, 2016.

Contrary to the Appellate Term's finding, plaintiff's supervising acupuncturist's affidavit failed to raise a triable issue since it was not based on an examination of the patient, nor did it address or rebut the findings of objective medical tests detailed in the sworn report of defendant's medical expert. The insured's subjective complaints of pain cannot overcome objective medical tests (see Rummel G. Mendoza, D.C., P.C. v Chubb Indem. Ins. Co., 47 Misc.3d 156[A...

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