DILLON v. THOMAS


266 A.D.2d 183 (1999)

697 N.Y.S.2d 336

TIMOTHY DILLON, Appellant, v. JACQUELINE THOMAS et al., Respondents.

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

Decided November 1, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motions are denied, and the complaint is reinstated.

In support of their motions for summary judgment, the defendants submitted, inter alia, a report prepared by the plaintiff's radiologist which stated that a magnetic resonance image taken of the plaintiff's lumbar spine four days after the accident revealed "[d]esiccation * * * at the L5-S1 level" and "[b]ulging to the...

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