SMITH v. KNOTT


287 A.D.2d 704 (2001)

732 N.Y.S.2d 176

GLORIA SMITH, Respondent, v. LOUISE A. KNOTT et al., Respondents, and NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided October 29, 2001.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant failed to submit sufficient evidence to establish as a matter of law that the disc herniation and various disc bulges revealed by the MRIs were not causally related to the accident in question. Thus, the appellant failed to establish its entitlement to judgment as a matter of law, and the Supreme Court properly denied its motion for summary judgment dismissing the complaint and...

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