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ROMAN v. O'BRIEN

305 A.D.2d 337 (2003)

759 N.Y.S.2d 655

ANDRES ROMAN et al., Respondents, v. CLAIRE O'BRIEN, Defendant, and RANDOLPH BROWN et al., Appellants.

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

Decided May 29, 2003.

Whether, as defendants contend, plaintiff's injuries existed prior to the accident is an issue of fact raised by the affirmation of his treating physician, which, inter alia, opines on the basis of pre-accident medical records that plaintiff's neck and back injuries were not preexisting and that a preexisting knee injury was aggravated by the accident. It does not avail defendants that the physicians's affirmation refers to various...

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