VELAZQUEZ v. CITY OF NEW YORK


211 A.D.2d 475 (1995)

621 N.Y.S.2d 861

Theresa Velazquez et al., Respondents, v. City of New York, Appellant

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

January 12, 1995


Appeal from the order and judgment (one paper) of the same court and Justice, entered April 26, 1993, unanimously dismissed as superseded by the appeal from the March 16, 1994 order and judgment, without costs.

It was within the province of the jury to determine whether the injured plaintiff had told one of her physicians that she suffered from the symptoms complained of prior to the accident that is the subject of this action. Giving plaintiffs the benefit of every...

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