In Popular Imaging, P.C. v. State Farm Ins. Co., 25 Misc. 3d 1230[A], 906 N.Y.S.2d 775, 2009 NY Slip Op 52355[U] [NY Civ. Ct. 2009], a peer doctor was permitted to testify with respect to a peer report and underlying medical records which were not in evidence. The Court found that the peer doctor satisfied the Wagman two prong test for permitting expert testimony based upon out of court documents. Id. The Court held that a Plaintiff invariably can not rebuff the permissibility of the expert testimony on reliability grounds when those documents are Plaintiff's or assignor's documents.