Galarza v. Alcoa Steamship Co.

Orders, Supreme Court, New York County, entered on December 13, 1971 and March 15, 1972, unanimously modified, on the law and the facts, so as to grant plaintiff leave to amend Ms bill of particulars to allege aggravation or activation of discogenic disease and otherwise affirmed, without costs and without disbursements. Although it is true as stated by Special Term, that plaintiff failed to submit a physician’s affidavit indicating that he had a preexisting back condition wMch was aggravated by the accident, defendant itself pleaded the existence of a prior condition in its answer and…