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ASHBY v. MULLIN

56 A.D.3d 588 (2008)

KEVIN ASHBY, Appellant, v. MICHAEL J. MULLIN, Respondent.

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

November 18, 2008.

Ordered that the amended judgment is affirmed, with costs.

This action arises out of a tw'o-car collision that occurred on November 21, 2003. A motor vehicle operated by the plaintiff was struck in the rear by a motor vehicle operated by the defendant. Evidence at trial established that the plaintiff had a herniated disc as early as 2001 and that it still existed one month before the accident. The plaintiff's medical expert testified that the accident aggravated the...

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