Defendant-appellant Mutual Life Insurance Co. of New York correctly contends that Dr. Stanley Shapiro, the plaintiff's attending physician, took a consistent position and made the same diagnosis in his letter of September 23, 1977, his affidavit of August 17, 1979 and his deposition of September 27, 1979. In all three instances, Dr. Shapiro stated that in his opinion, the accident of July 8, 1977 resulted in an exacerbation of the plaintiff's pre-existing condition. He never...
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