Although it is true as stated by Special Term, that plaintiff failed to submit a physician's affidavit indicating that he had a pre-existing back condition which was aggravated by the accident, defendant itself pleaded the existence of a prior condition in its answer and offered proof thereof at the first trial wherein plaintiff recovered judgment in the sum of $75,000. However, this court reversed and remanded for a new trial on the issue of damages only. (
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GALARZA v. ALCOA S.S. CO. INC.
41 A.D.2d 923 (1973)
Ramon Galarza, Appellant-Respondent, v. Alcoa Steamship Co. Inc., Respondent-Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 17, 1973
May 17, 1973
Appellate Division of the Supreme Court of the State of New York, First Department.
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