Peluso v. Janice Taxi Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Paul Wooten, J.), entered September 28, 2009, which denied defendants-appellants’ motion for summary judgment dismissing the complaint for lack of a serious injury, affirmed, without costs.
*492On the issue of causation, plaintiffs expert’s conclusion that plaintiff sustained injuries as a result of the accident is based on a physical examination of plaintiff just days after the accident and is sufficient to rebut defendants’ evidence that the disc bulging revealed on an MRI taken some six weeks after the accident was the result of a preexisting degenerative…
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