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JANKOWSKY v. SMITH

294 A.D.2d 540 (2002)

742 N.Y.S.2d 876

TAMMY R. JANKOWSKY, Respondent, v. TANISHA SMITH et al., Defendants, and ELY E. LEHMANN et al., Appellants.

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

Decided May 28, 2002.

Ordered that the order is affirmed, with costs.

Among the papers submitted in support of the appellants' motion for summary judgment was a report from their examining orthopedist which, inter alia, indicated that he reviewed a magnetic resonance image (hereinafter MRI) of the plaintiff's lumbar spine that revealed a disc herniation at L5-S1. The orthopedist concluded that "there is probable causality between the injuries...

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