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SINDONI v. NEW YORK CITY TRANSIT AUTHORITY

2 A.D.3d 624 (2003)

768 N.Y.S.2d 342

MILLICENT SINDONI, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant, et al., Defendant.

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

December 15, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it. A magnetic resonance imaging (hereinafter MRI) examination of the plaintiff's cervical spine taken in June 1996 showed bulging discs at the C4-5 and the C5-6 levels, which flattened the thecal sac. The appellant, who was aware of the MRI examination, failed to...

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