Arnica Acupuncture P.C. v Interboro Ins. Co., 2014 NY Slip Op 50554(U)(App. Term 1st Dept. 2014)
“However, we find no abuse of discretion in the denial of defendant’s motion to compel the deposition of plaintiff’s treating provider on this record, which contains an affidavit from the provider explaining the rationale for the underlying acupuncture services, and where defendant failed to set forth an “articulable need” for the provider’s deposition ”
This case lies on the extreme end of the Ralph Medical spectrum. Plaintiff did not comply with “interrogatories”, offer an operative report or comply with disclosure in any shape, fashion or form. Rather, the court has held that an affidavit of merit will suffice for a deposition. People have joked, on and off, that the CPLR does not apply to no-fault. This case is further proof that there is truth to that maxim.