ZAVALA v. DESANTIS


1 A.D.3d 354 (2003)

766 N.Y.S.2d 598

CORNELIO ZAVALA, Appellant, v. ROSE DESANTIS, Respondent.

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

November 3, 2003.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In support of the motion for summary judgment dismissing the complaint, the defendant submitted, inter alia, magnetic resonance imaging (hereinafter MRI) test reports of the plaintiff's lumbar and cervical spine, which revealed a disc herniation at L5-S1 and a disc bulge at C7-T1, respectively, and the affirmed reports of the defendant's radiologist and...

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