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DETTORI v. MOLZON

306 A.D.2d 308 (2003)

760 N.Y.S.2d 658

ANTHONY DETTORI, Appellant, v. FELICIA MOLZON et al., Respondents.

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

Decided June 9, 2003.

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

The Supreme Court should have denied the defendants' motions for summary judgment. The defendants submitted contradictory proof as to whether the plaintiff's lumbar spine condition was caused by the subject accident or a previous accident (see Coscia v 938 Trading Corp., 283 A.D.2d 538 [2001]; Julemis v...

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