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JOHNSON v. LAZAROWITZ

4 A.D.3d 334 (2004)

771 N.Y.S.2d 534

THEODORE JOHNSON et al., Plaintiffs, and GOSLYN SYLVAN, Respondent, v. BARBARA LAZAROWITZ et al., Appellants.

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

February 2, 2004.

Ordered that the judgment is reversed, on the law and in the interest of justice, and a new trial is granted on the issue of damages, with costs to abide the event.

The accident in this case occurred on August 12, 1995. The weight of the evidence established that, toward the end of 1995 or the beginning of 1996, the back and neck pain attributed to the accident by the plaintiff Goslyn Sylvan (hereinafter the plaintiff) had...

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