CASSESE v. LEISTER


291 A.D.2d 350 (2002)

739 N.Y.S.2d 121

JOANNE M. CASSESE, Plaintiff, and ADOLPH DELGADO, Appellant, v. SEAN G. LEISTER et al., Respondents. (And a Third-Party Action.)

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

Decided February 28, 2002.


Although appellant testified at deposition that he was unable to work for some five months following the accident and that he had back surgery during that time, he submitted no documentation of either the surgery or the time missed from work. The only medical evidence submitted was an affirmation of a physician who examined plaintiff five years after the 1993 accident, and who had no access to any prior medical reports other than an MRI performed in 1995, which indicated...

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