Dilon Med. Supply Corp. v. New York Cent. Mut. Ins. Co

In Dilon Med. Supply Corp. v. New York Cent. Mut. Ins. Co., 18 Misc. 3d 128[A], 856 N.Y.S.2d 23, 2007 NY Slip Op 52454[U], 2 [NY App. Term 2007], the Appellate Term reversed a lower court which precluded a substitute doctor from testifying. The Court held that since defendant sought to call a medical expert witness who was available for cross-examination, and his testimony as to the lack of medical necessity of plaintiff's services would be limited to the basis for the denials as set forth in the original peer review reports, the expert witness should have been permitted to testify. Id.