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KLIMIS v. LOPEZ

290 A.D.2d 538 (2002)

736 N.Y.S.2d 697

GEORGE KLIMIS et al., Respondents, v. ISMAEL LOPEZ et al., Appellants.

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

Decided January 28, 2002.

Ordered that the order is affirmed, with costs.

In support of their motion for summary judgment, the defendants submitted evidence that the injured plaintiff, George Klimis, was suffering from a disc herniation at L4/5 and limitation of motion in his lower back. The defendants failed to demonstrate through admissible evidence that the herniation was not related to the subject accident (see, Chaplin v Taylor, 273 A.D.2d 188

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