Ordered that the order is reversed, on the law, with costs, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for determination of the cross motion on the merits.
The defendant's expert Dr. Michael Brooks acknowledged that the subject accident might have caused an exacerbation of the plaintiff's preexisting degenerative pathology. Moreover, Dr. Brooks indicated that more than two years after the accident...
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