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SLACK v. CROSSETTA

75 A.D.2d 809 (1980)

James E. Slack, Jr., et al., Appellants, v. Emma L. Crossetta, Respondent

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

May 5, 1980

Judgment reversed, on the law, and new trial granted on the issues of whether the alleged neck and back pains were permanent and, if so, the amount of damages sustained by the plaintiffs, with costs to abide the event.

In this case liability was conceded. The plaintiffs' unrefuted evidence at trial indicates that the accident aggravated a pre-existing, but dormant, osteoarthritic and degenerative disc condition, resulting...

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