TRICARICO v. VICALE


5 A.D.3d 761 (2004)

773 N.Y.S.2d 572

CHRISTOPHER TRICARICO, Respondent, v. JAMES VICALE, Appellant.

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

March 29, 2004.


Ordered that the order is affirmed, with costs.

In support of his motion, the defendant submitted affirmations of an orthopedist and a neurologist, both of whom examined the plaintiff and reviewed magnetic imaging resonance reports which revealed that the plaintiff had disc herniations at L4-L5 and L5-S1 and a tear of the posterior horn of the medial meniscus of the left knee. In addition, according to the affirmation of the defendant's examining orthopedist, tests...

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