NICKOLSON v. ALBISHARA


61 A.D.3d 542 (2009)

877 N.Y.S.2d 67

MARC NICKOLSON et al., Respondents, v. GERIUS T. ALBISHARA et al., Appellants, et al., Defendants.

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

Decided April 21, 2009.


Plaintiff's expert radiologist failed to address, let alone rebut, defendants' radiologist's nonconclusory finding that plaintiff's disc bulges and herniations were caused by a preexisting degenerative condition, or even to relate the disc bulges and herniations to the accident; accordingly, plaintiff fails to raise an issue of fact as to whether his alleged injuries were caused by the accident (see Delfino v Luzon, 60 A.D.3d 196

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