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BERNADEL v. BERAN

270 A.D.2d 297 (2000)

704 N.Y.S.2d 289

GERARD BERNADEL, Respondent, v. KALICHARRAN BERAN, Appellant.

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

Decided March 13, 2000.

Ordered that the order is affirmed, with costs.

The defendant's expert asserted conclusorily that the plaintiff's condition was "in part related to a pre-existing multi-level degenerative disc condition of the cervical and lumbosacral spines as noted by [magnetic resonance imaging reports]" and in part related to the accident. Since this assertion was based on unsubmitted and unsworn magnetic resonance imaging reports,...

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