PERRY v. MANOCO CORP.


309 A.D.2d 654 (2003)

766 N.Y.S.2d 422

STEVEN PERRY et al., Appellants, v. MANOCO CORP., Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided October 23, 2003.


The trial evidence disclosing that plaintiff had sustained a back injury some two years prior to the injuries for which he sought to recover in this action, and, indeed, that he was, at the time of the accident giving rise to this action, still being treated for the prior injury, permitted the jury fairly to conclude that plaintiff's claimed damages were in substantial measure not attributable to the accident upon which this suit is premised and, accordingly, to reach the...

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