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  5. 194 A.D.2d 494 (1993)
 

EBANKS v. 945 FIFTH AVE., INC.

194 A.D.2d 494 (1993)

599 N.Y.S.2d 564

Ivan A. Ebanks, Respondent, v. 945 Fifth Avenue, Inc., Appellant. (And a Third-Party Action.)

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

June 29, 1993

The references made by plaintiff's counsel during voir dire to plaintiff's "herniated disc" were an immaterial variance with the description of plaintiff's injury in his pleadings and proof at trial as a "bulging disc" and otherwise did not cause defendant any prejudice.

We have reviewed the proof relating to plaintiff's earnings and his inability to return to his former employment as a result of the injury, and find it...

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