Komina v Gil, 2013 NY Slip Op 04744 (1st Dept. 2013)
“Furthermore, plaintiff’s chiropractor made no attempt to explain the conflicting findings of the tests he performed during plaintiff’s physical examination and the MRI reports of plaintiff’s radiologist, which found normal lumbar and cervical spine images with no evidence of disc bulging or herniation, and defendants are thus entitled to summary judgment on this basis”
Do not kid yourself – there is cross over between 5102(d) and 5106 litigation.
