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HANLON v. CAMPISI

49 A.D.3d 603 (2008)

856 N.Y.S.2d 136

EVELYN V. HANLON, Appellant, v. C.M. CAMPISI et al., Respondents.

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

Decided March 11, 2008.

Ordered that the judgment is reversed on the law and the facts, and a new damages trial is granted, including the issue of serious injury, with costs to abide the event.

The plaintiff commenced the present action, alleging that the rotator cuff tear which she sustained was proximately caused by the negligence of the defendants in causing the subject motor vehicle accident. During the course of discovery, the defendants produced...

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