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ARAUJO v. STATE

61 A.D.3d 585 (2009)

877 N.Y.S.2d 315

CARLOS ARAUJO, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided April 28, 2009.

The court's determination that the worsening condition of claimant's knee after his 1997 accident was caused not by the accident but by a degenerative condition that had its nascency in a surgery predating the accident by more than nine years was a result of the resolution of credibility issues presented by conflicting expert testimony, and there is no basis to disturb that determination (see Watts v State of New York,

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