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D'Ariano v. MeldishD'Ariano v. Meldish

Appellate Division of the Supreme Court of the State of New York
Dec 22, 2009
Versions:68 A.D.3d 640
890 N.Y.2d 324

Defendants carried their prima facie burden by showing that the injured plaintiff‘s disc condition was degenerative and not caused by the trauma of the accident. Plaintiffs failed to adequately address such showing (see DeJesus v Paulino, 61 AD3d 605, 607-608 [2009]); speculation by plaintiff‘s family physician, that a radiologist who conducted an MRI of plaintiff‘s lumbar spine would have noted the existence of degenerative disc disease in his report had he seen any, was properly rejected by the motion court. In view of the foregoing, it is unnecessary to address the parties’ other contentions. Concur—Sweeny, J.P., Catterson, Renwick, Freedman and Abdus-Salaam, JJ.

Case Details

Case Name: D'Ariano v. Meldish
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 22, 2009
Citations: 68 A.D.3d 640; 890 N.Y.2d 324
Court Abbreviation: N.Y. App. Div.
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