KAMIN v. CITY OF NEW YORK


297 A.D.2d 573 (2002)

747 N.Y.S.2d 166

ROBIN KAMIN, Appellant, et al., Plaintiffs, v. CITY OF NEW YORK, Respondent.

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

Decided September 24, 2002.


While plaintiff clearly suffers from chronic and painful conditions for which she had surgery and other treatment after the subject elevator accident, ample evidence shows that such conditions are due to a preexisting congenital and degenerative disease in plaintiff's spine. A fair interpretation of the conflicting evidence on causation supports the jury's apparent finding that while the accident caused plaintiff some pain and suffering, it did not permanently aggravate her...

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