In PLP Acupuncture, P.C. v. Progressive Cas. Ins. Co., 22 Misc. 3d 142[A], 880 N.Y.S.2d 875, 2009 NY Slip Op 50491[U], 1-2 [NY App. Term 2009], the Court permitted a substitute peer doctor to testify. The Court applied the Wagman test and held that the substitute peer could rely upon out of court documents in forming his opinion as long as the substitute peer offers proof of the reliability of the out of court documents. Id. The Court further held that as some of the medical reports relied upon by defendant's acupuncturist in his peer review report were prepared by plaintiff, plaintiff could not challenge the reliability of its own medical records and reports. Id.