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SILBERMAN v. ABRAMSON, ABRAMSON, P.C.

55 A.D.3d 402 (2008)

866 N.Y.S.2d 42

GAIL SILBERMAN, Appellant, v. REISMAN, ABRAMSON, P.C., et al., Respondents.

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

October 21, 2008.

While an issue of fact exists as to whether defendants were negligent in failing to obtain plaintiff's medical records relating to the intervening 1990 accident, plaintiff adduces no evidence that but for such negligence the Workers' Compensation Board would not have rejected her reopened claim for the 1983 accident (see Russo v Feder, Kaszovitz, Isaacson, Weber, Skala & Bass, 301 A.D.2d 63

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