RUGGIERO v. BANNER GLASS & MIRROR CORP.


232 A.D.2d 395 (1996)

648 N.Y.S.2d 130

Frank Ruggiero, Respondent, v. Banner Glass & Mirror Corporation et al., Appellants

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

October 7, 1996


Ordered that the judgment is reversed, on the law, and a new trial on the issue of damages is granted, with costs to abide the event.

The plaintiff allegedly sustained injuries to his back, neck, and jaw as a result of an automobile accident in which his vehicle was struck from behind by the defendants' vehicle.

Contrary to the plaintiff's contention, precipitation or activation of a latent condition must be affirmatively...

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