LA LIBERTY v. COSMAI


71 A.D.2d 940 (1979)

Charles La Liberty et al., Respondents, v. Ralph Cosmai, Doing Business as Imperial Sanitation, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 27, 1979


Order reversed, without costs or disbursements, and motion denied. In plaintiffs' bill of particulars, dated March 13, 1978, it is alleged that as a result of a rear end collision between defendant's vehicle and theirs, plaintiff husband suffered acute exacerbation of cervical pain, radiculitis and muscle spasm.

In a medical report dated December 6, 1977, the husband's physician stated, inter alia, that the injury suffered by the husband stemming from the accident...

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