John v. Engel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from an order of the Supreme Court (Benza, J.), entered August 30, 2002 in Albany County, which denied defendants’ motions for summary judgment dismissing the complaint.
Plaintiff was injured when the vehicle in which he was riding was struck from the rear by a vehicle operated by defendant John Engel and owned by defendant Lazare Lincoln-Mercury, Inc. Although plaintiff did not need immediate medical assistance, the next day he claimed that he had, inter alia, a sore neck, headache and numbness in his arms. Subsequently, an MRI revealed a small central disc protrusion at C5-6 to which…
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